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Contents of (Uoiume ^econo.
TITLE-PAGE — Doorway of Priory of Inchmahome.
GENERAL TABLE OF CONTENTS,
ABSTRACT OF THE MENTEITH CORRESPONDENCE,
CHARTERS, AND MISCELLANEOUS PAPERS, .
ROYAL LETTERS, . . . .
STATE AND OFFICIAL LETTERS,
FAMILY AND DOMESTIC LETTERS, ....
MENTEITH CHARTERS, ......
CHARTERS OF THE PRIORY OF INCHMAHOME, .
APPENDIX OF PAPERS REFERRING TO QUEEN MARGARET
AND THE CASTLE OF DOUNE, JACOBITE LETTERS,
CHARTERS AND MISCELLANEOUS PAPERS, .
ARMORIAL SEALS, WITH SIGNATURES,
INDEX OF PERSONS, ......
INDEX OF PLACES, ......
Page
V-lxxii
73
■159
1 60
206
207
3 2 S
326-
368
3 6 9"4S 2
453-46S
469-53°
531-556
CONTEXTS OF VOLUME SECOND.
ILLUSTRATIONS IN VOLUME SECOND.
Page
Portrait of Sir Thomas Hope, Lord Advocate, . between 124 and 125
LETTERS, etc.
Instructions by King Charles the First for William, seventh
Earl of Menteith, 2d June 1630, . . . 30 and 31
Letter by The Same to The Same (holograph), iSth June 1630, 32 and 33
Letter by The Same to The Same (holograph), 18th June 1630, 32 and 33
Letter by The Same to The Same (holograph), 31st July 1631, . 36 and 37
Letter by The Same to The Same as Earl of Strathern (holograph),
17th July 1632, . ... • ■ • 4° and 41
Letter by The Same to William, Earl of Strathern (holograph),
15th August 1632, ..... ^2 and 43
Letter by The Same to The Same (holograph), 30th August 1632, 42 and 43
Letter by King Charles the Second to William, Earl of Airth
(holograph), 19th November 1650, . . ■ 66 and 67
Letter by Rob Roy (holograph), 24th June 171 1, . - . 448 and 449
CHARTERS.
King William the Lion to William Noble, of lands in Kilpont
and Ilieston, circa 1200, . 206 and 207
Sir Ralph Noble, son of William Noble, to Sir David of Graham,
and Agnes his spouse, of lands in Kilpont, circa 1245, . 20S and 209
Thomas Noble, son of Sir Ralph Noble, to Sir David of Graham
and his spouse, of lands in Ilieston [30th January 1255], . 208 and 209
CONTENTS OF VOLUME SECOND.
iii
Illustrations in Volume Second — Charters — continued.
Ralph Noble, son of Sir Ralph Noble, resigning lands of Ilieston
Page
in favour of his brother Thomas [30th January 1255], between 210 and
21 1
Sir John Russell and Isabella, Countess of Menteith, his spouse,
to Sir Hugh of Abernethy, of lands in Aberfoyle, circa
1260, .
212 and
213
King Alexander the Third, confirming a gift by Walter Stewart,
Earl of Menteith, to Gilbert, son of Sir Gilbert of
Glenkemy, of the half of Broculy, 14th August [1267], .
216 and
2 17
Murdach, Earl of Menteith, to Gilbert of Drummond, of the
western half of the town of Boquhaple, circa 1330,
226 and
227
Indenture by Andrew Mercer, Lord of Mekylhour, between
Robert, Earl of Fife and Menteith, and John of Logy,
concerning the lands of Logy and Strathgartnay [15th
May] 1385, ......
260 and
261
Charter by Robert, first Duke of Albany, to William de Hay
of Errol, Constable of Scotland, of the barony of Colly,
on a resignation by William Fraser of Philorth, dated
14th May 1415, . .....
284 and
285
Armorial Seals. Woodcuts of —
Murdach, second Duke of Albany, as Justiciar North of the
Forth,
1392, .......
269
Malise Graham, first Earl of Menteith, 1453,
297
William Graham, third Earl of Menteith, 1539,
j 12
The Priory of Inchmahome, 1562, ....
3S 2
CONTENTS OF VOLUME SECOND.
Illustrations in Volume Second— ce7iti?med.
Signatures. Woodcuts of-
King Charles the First, 1627,
The Same (initials), 1630,
Sir William Alexander, 1630,
King Charles the Second, 1650, .
Thomas, first Earl of Haddington, 1629,
William Graham, first Earl of Airth, 1639,
General George Monck, 1657, .
John Grahame of Claverhouse, 1679,
James, third Marquis of Montrose, 1679,
William Graham, eighth Earl of Menteith, 1679, .
Alexander Graham, second Earl of Menteith, 1503,
William Graham, third Earl of Menteith, 1539. .
Margaret, Queen of Scotland, 1528,
King James the Sixth, 1578, 1580,
King James the Eighth, 1720,
Prince Charles Edward, 1745, .
Page
1
32
35
68
80
iS7
159
172
i73
i77
307
312
3S9
412, 417
426
428
abstract of tt)e £@entettt) Correspondence.
ROYAL LETTERS.
Letters from King Charles the First to William, seventh
Earl of Menteith, and others.
PAGE
1. Thanking him fur public services rendered, and promising to remember
the same when opportunity occurred ; further, desiring him to continue
his oversight of Lord Gray's eldest son, and to have him brought up in
"the religion presentlie professed." Whitehall, 12th May 1627, 1
2. Thanking him as above ; asking his opinion on certain matters to be
communicated to him by Sir Archibald Acheson, and desiring him,
after certain things had been brought to a point, to repair to Court.
Whitehall, 18th October 1627, 2
3. Giving directions regarding public matters. Whitehall, 11th February
1628, 3
i. Kequiring him to repair to Court after the 23d April, to give his opinion
regarding the decree to be made upon the Submission. Whitehall, 13th
March 1628, 4
5. Approving of his resolution to stay until he could bring the Submission
signed, and directing him to repair thereafter to Court to consult on
certain matters of business. Whitehall, 11th April 1628, 5
6. That he had been petitioned by the friends of the late David Tossach of
Minivaird to call to account Laurence Bruce, younger of Coulmalindy,
and others, for the slaughter of the said David Tossach ; and desiring
to punish such a crime, he directs that justice should be administered
upon the said persons. Whitehall, 11th July 1628, 6
a
ABSTRACT OF THE ME NT E IT H CORRESPONDENCE.
PAGE
7. Giving instructions regarding the King's intended visit to Scotland and other
public matters. 22d July 1628, 7
8. Desiring him to continue his efforts to have the valuation of the tithes
settled. Southwick, 28th August 1628, 8
9. That he did not intend to interfere with the rights of those who had
regalities, and signifying his pleasure that Menteith and the Judges
appointed for the Circuit Courts should require the lords of regalities or
the bailies to sit with them in Court for the administration of justice.
Whitehall, 20th October 1628, 8
10. Requiring him to apprehend Sir John Ogilvy of Craig and his brother
George, who openly continued to profess Popery, to the great scandal of
the religion presently professed ; to commit them to some of " our sure
wardes," and to take a similar course with others giving a like just cause
of offence. Whitehall, 28th October 1628, 9
11. States that he had required the ministers of Edinburgh to proceed to the
administration of the sacraments, which they had delayed on account of
some turbulent persons who were unwilling to communicate ; that he had
commanded the magistrates to keep order among the people ; that he had
written to the Lords of Session to participate in the sacrament with the
people in the Church of St. Giles, and now desiring the Earl to be
present and countenance that holy action. Whitehall, 27th November
1628 10
12. Desiring to confer with him, and stating that he left it to himself to fix
a time for repairing to Court. Whitehall, 12th December 1628, 11
13. Promising him a sum of five thousand pounds sterling for services rendered.
Whitehall, 21st April 1629, 12
14. Empowering them to fill up the dates in the patents of the Baronetcies of
Nova Scotia as they should think fit. Greenwich, 2d May 1629.
[Original at Gartmore], 12
15. Giving instructions regarding public business — surrender of heritable offices,
baronets of Nova Scotia, etc. Greenwich, 7th June 1629, 14
LETTERS FROM KIXG CHARLES THE FIRST. vii
PAGE
1 6. King Charles the First to John Earl of Mar, Lord Treasurer, and others,
authorising him to pay the arrears of pension due to John Earl of Carrick,
and to pay the same yearly thereafter. Greenwich, 29th June 1629, ... 15
17. The Same to William, seventh Earl of Menteith, desiring him to repair to
Court, to confer regarding the matters of which he had been lately
instructed. Theobalds, 28th July 1629, 16
IS. The Same to The Same, instructing him regarding public business. Circa
28th July 1629, 17
1 9. The Same to The Same and others, directing him to consider the enclosed
overtures which had been submitted to his Majesty regarding tithes and
report his opinion, meanwhile taking steps to prevent the leading of
tithes this year. Theobalds, 28th July 1629, 18
20. The Same to George Viscount Dupplin and others, empowering them to
purchase from the Lord of Lome the justiciary of the North and West
Isles, as it had been represented to his Majesty by the Earl of Seaforth,
for himself and others, that the present arrangement might tend to their
disadvantage ; and also to ascertain from the Earl of Seaforth how much
he and those for whom he was acting would contribute towards the
said purchase. Theobalds, 20th September 1629, 19
21. The Same to William, seventh Earl of Menteith, directing him to order the
Judges of the Circuit Courts to give parties cited before them copies of
their indictments according to the time limited by a late ordinance of the
Privy Council, and to instruct the said Judges to proceed in a moderate
manner to put in execution such statutes as were most agreeable to the
King's pleasure and to the laws of the kingdom. Hampton Court, 29 th
September 1629, 20
22. The Same to The Same, that as the latter was willing to surrender his
right to the lands of the royal property lying within the earldom of
Strathern, the King had instructed his advocate to draw up a surrender
to be signed by Menteith, whom he left to prosecute his right against all
others for all other lands which he could justly claim ; further, promising
a reasonable satisfaction for the said surrender. Hampton Court, 29 th
September 1629, 21
ABSTRACT OF THE MENTEITH CORRESPONDENCE.
PACE
23. The Same to The Same, approving of the agreement which had been made
between Sir William Alexander, the King's secretary, and some of the
Highland chiefs and others, for transportation of themselves and their
followers to Nova Scotia for settlement in that colony, and directing the
Earl to take steps to procure voluntary contributions for effecting the
purpose in view. Hampton Court, 17th October 1629, 22
24. The Same to The Same, directing him to inquire into and settle the
differences between the widow of Carron and Ballindalloch. Whitehall,
3d November 1629, 23
25. The Same to The Same, directing him to treat with the Laird of Smeeton
for the purchase of the tithes of the lands of Marple and Trappan for
the benefit of those serving in the Chapel Eoyal, the lands having been
purchased by King James the Sixth ; and to require the Chancellor and
keepers of the seals not to pass any new grants of the lands or tithes
until the King's further pleasure should be known. Whitehall, 6th
November 1629, 23
26. King Charles the First to Sir John Hamilton of Magdalens, Lord
Clerk Kegister, directing him to show the records under his charge to
the Earl of Menteith, who intended to search for certain writs ; to give
him such as, in the opinion of the advocate, were necessary to the business •
in hand, and such extracts as he required. Whitehall, 9 th November
1629, 24
27. The Same to William, seventh Earl of Menteith, directing him to inquire
into the standing and services of certain suitors for titles of honour ; that
those of them who had any heritable office, sheriffship, etc., should first
agree about the demission of the same ; and that of those who had no
such office a reasonable number should be dealt with towards the
plantation of Nova Scotia, for whom the advocate would make out
patents. Whitehall, 26th November 1629, 25
28. The Same to John Earl of Mar, Lord Treasurer, directing him to pay the
sum of five hundred pounds to the Earl of Menteith for money expended
upon robes for the Judges of the Circuit Courts — to be paid out of the
fines levied in the said Courts. Whitehall, 30th November 1629, 26
LETTERS FROM KING CHARLES THE FIRST. ix
FAGE
29. The Same to William, seventh Earl of Meuteith, directing him to hold a
Court at Jedburgh for the trial of certain thieves and rebels who had
been apprehended by Sir Eichard Grahame, and to admit probable and
apparent circumstances and presumptions for their condigne punishment,
in the absence of direct proof. Whitehall, 30th December 1629, 27
30. The Same to The Same, directing him to call and put upon trial certain
lewd persons who had opposed the son of the Viscount of Drumlanrig
in apprehending three rebels ; also to apprehend the said rebels. White-
hall, 9th February 1630, 27
3 1 . List of Persons referred to in the preceding letter, 28
32. King Charles the First to William Earl of Strathern, charging him to pay
to the agents of the Duke of Lennox certain fines which had been levied
in the Circuit Courts within the regality of Glasgow. Whitehall, 29th
March 1630, 29
33. The Same to William, seventh Earl of Meuteith, directing him to repair to
Court immediately after the Justice Courts in Dumfries had been held,
to consult regarding public business. Whitehall, 13th April 1630, 30
34. The Same to The Same. To deal with the Deputy -Treasurer regarding the
surrendering of his charge. Whitehall, 25th May 1630, 31
35. The Same to The Same. Instructions on public matters. St. James's,
2d June 1630, 31
36. The Same to The Same, signifying his pleasure that the latter would call
upon all the King's servants " to show themselfes reallie to bee soe at this
Conuention." The King especially mentions the Chancellor, Mar, and
Haddington. St. James's, 18th June 1630, 32
37. The Same to The Same. The same subject, with special reference to the
Archbishop of St. Andrews. St. James's, 18th June 1630, 33
38. The Same to The Same, directing him to deal again with Lord Napier with
reference to the surrender of the latter's office of Deputy-Treasurer, and that
if he did not yield to any fair proposition made thereanent, he should
be put upon trial for anything that could be justly brought against him
in the execution of his said office. Tichbourne, 12th August 1630, 33
ABSTRACT OF THE MENTEITH CORRESPONDENCE.
PAGE
39. The Same to The Same. Instructions regarding public matters. Hampton
Court, 12th October 1630, 34
40. The Same to The Same, directing him to repair to Court to consult
regarding certain things. Hampton Court, 11th October 1630, 35
41. Louis xiii. King of France to the Count de Montide (the Earl of Menteith),
thanking him for the protection he had given the Catholics in Scot-
land, and begging him to continue the same. Paris, 21st December
1630, 36
42. King Charles the First to William Earl of Morton, directing him to pay to
the Earl of Menteith eight thousand pounds sterling, with interest, out of
moneys which he would receive from the Viscount of Dupplin, according
to his Majesty's commands. Whitehall, 27th February 1631, 36
43. The Same to William, seventh Earl of Menteith, desiring, with reference to
the " reseruations for the fishing business," that he would keep certain
places from being reserved. Oatlands, 3 1 st July 1631, 37
44. The Same to The Same. Private instructions regarding matters of business.
Oatlands, 31st July 1631, 38
45. The Same to William Earl of Strathern and Menteith, directing him to be
present at the forthcoming meeting of Council at Perth, and immediately
thereafter to repair to Court. Theobalds, 15th September 1631, 38
46. The Same to William Earl of Morton, Treasurer, and the Lord Traquair,
Treasurer-Depute, charging them to pay to the Earl of Strathern,
President of the Council, the remainder of a sum clue to the said Earl,
according to the precepts which he held from the King. Whitehall, 30th
November 1631, 39
47. The Same to Viscount Dupplin, Chancellor, and others, Commissioners of
Exchequer in Scotland, that he had signed a grant of £15,000 sterling
to the Earl of Strathern, and desiring them to expede the said grant
according to the tenor thereof, and to make acts of Exchequer thereupon.
Whitehall, 13th January 1632, 40
LETTERS FROM KING CHARLES TEE FIRST.
XI
48. The Same to William Earl of Strathern, desiring to confer with him before
he brought the fishing business to a close, and to consult upon other
matters. Newmarket, 14th March 1632, 41
49. The Same to The Same, chargiug him to command Lord Ochiltree, who
was not likely to receive such a severe sentence as his fault deserved, not
to come within fifty miles of the Court, upon pain of his Majesty's
severest displeasure. Oatlands, 17th July 1632, 41
50. The Same to the Commissioners of Teinds, approving of the steps they had
taken in the matters of the tithes and valuations ; directing them to go on
as they had begun until the business was finished ; and to take care to
have the valuations rectified in cases in which the tithes were under-
valued, loth August 1632. [Copy at Gartmore], 42
51. The Same to William Earl of Strathern, that as he intended to proceed to
Scotland next year, it was necessary the town of Edinburgh should have
a "well chosen" provost. He therefore commands the Earl to prohibit
them from choosing any " unconforme " man for the place, expecting they
will choose one of those he had recommended, though they had been
thus left to their own free choice. Bewlie, loth August 1632, 43
52. The Same to The Same, that he had thought he would not be again
troubled with these " two businesses." With regard to Carrick, he did not
think a warrant was necessary to prevent him from buying land, but if
so, the present letter would be sufficient ; with reference to Ochiltree, the
King had already given directions regarding what should be done with
him. Bagshott, 30th August 1632, 43
53. The Same to The Same, authorising and requiring him to put to torture
John Meldrum, who was suspected of being concerned in the death of
Viscount Melgund and others, with the view of inducing him to make a
confession. Hampton Court, 27th September 1632, 44
54. The Same to The Same. States that as a complaint had been made on
behalf of the Marquis of Huntly that the trial of one Toschoch, touching
the death of Viscount Melgund, had been delayed by the Justice-Deputes,
he should use all lawful means to have the matter tried. Hampton
Court, 27th September 1632, 44
ABSTRACT OF THE MENTEITE CORRESPONDENCE.
55. The Same to Viscount Dupplin, Chancellor, and others, to make the
necessary preparations for his Majesty's intended visit to Scotland nest
summer ; to consider what offices were necessary during his stay there ;
and to submit suitable names for the same for his Majesty's selection.
If a commission were necessary, the Lord Advocate would furnish one.
Hampton Court, 3d October 1632, 45
56. The Same to William Earl of Strathern, that as he had agreed according to
the King's command with Lord Holyroodhouse for the disposition of the
house and precincts of the lordship of Holyroodhouse to his Majesty, he
should command him to have no other bargain with any other person for
the same till Whitsunday next, when the sum agreed upon would be
paid ; and also, if necessary, to order the Commission of Surrenders to
have no dealings with the teinds of the said lordship. Whitehall, 9 th
December 1632. [Original at Gartmore], 46
57. The Same to The Same, that he had given warrant to the Lord Advocate
to consult Andrew Aytouu, Thomas Nicolson, and Lewis Stewart,
advocates, whether it would be better for the King's service that the
services and retours whereby the Earl of Strathern was served and
retoured to the late David Earl of Strathern and the late Countess of
Strathern, should be reduced or deleted from the registers ; and command-
ing him to put them upon oath, and cause them to deliver their opinion
in writing, and to keep the matter secret. Whitehall, 9th December
1632. [Original at Gartmore], 47
58. The Same to The Same, directing him to inform himself of the progress
made by the Commission formerly appointed for the revision of the
Acts of Parliament ; to desire the Commissioners to have everything
connected with the Commission in readiness against the King's coming to
Scotland next spring ; and to request the Senators of the College of
Justice to aid in furthering the work. Whitehall, 14th December
1632, 47
59. The Same to The Same, that he had written the advocate to pursue George
Nicoll for calumnies, and commanding him to be punished. Whitehall,
21st December 1632, 48
LETTERS FROM KING CHARLES THE FIRST. xiii
PAGE
60. The Same to William Earl of Airth, President of the Privy Council of
Scotland, that if in the action of reduction of the services to David Earl
of Strathern and Euphemia Countess of Strathern the Earl of Airth
were evicted from his barony of Kilbride, it would be immediately
disponed to him heritably, as the King had been pleased with his good
offices in this business of Strathern. Whitehall, 21st January 1633, ... 49
6.1. The Same to William Earl of Strathern, to cause his deputes to stop the
proceedings against George Nicoll (vide No. 59), as he had required the
Council to conduct this action. Whitehall, 23d February 1633, 49
62. The Same to the Commission anent the Earl of Airth' s process, to inquire
into and report upon certain treasonable speeches which the Earl of
Airth was reported to have made claiming to have a better right to the
Crown than the King himself. Whitehall, 1st May 1633. [Old copy
of this and Nos. 64 and 65 at Traquair], 50
63. The Same to The Same, that Lord Ramsay, Constable of Dundee, the Earl
of Wigtown, and Sir James Maxwell of Calderwood, were the authors of
the reports of the treasonable speeches of the Earl of Airth, and com-
manding them to be called and examined, and their examinations
transmitted to his Majesty with all diligence. 1633, 51
64. The Same to the Chancellor, with commission for the trial of the Earl of
Airth, naming the Commissioners, and directing the trial to be proceeded
with. Whitehall, 1st May 1633, 52
65. The Same to William Earl of Airth, giving him leave to retire to any of
his country houses till his Majesty should come to Scotland. Whitehall,
7th May 1633, 53
66. The Same to Mr. Thomas Nicolson and three other advocates, to appear
as counsel for the Earl of Airth. [Original at Gartmore.] Holyroodhouse,
23d June 1633, 53
67. The Same to William, seventh Earl of Menteith, to expede the signature
for the title of honour which his Majesty had resolved to confer on Sir
William Alexander, Principal Secretary for Scotland. Circa June 1633, 54
b
ABSTRACT OF THE MENTEITH CORRESPONDENCE.
PAGE
68. King Charles the First to the Earl of Traquair, to assure the Earl of Airth
of pardon if he made such a confession as would satisfy his Majesty.
Seaton, 1 4th July 1633. [Original at Traquair], 54
69. The Same to Archbishop Spottiswoode, directing steps to be taken for the
relief of the Earl of Airth and the security of his creditors and cautioners.
Circa 1633. [Old copy at Traquair], 55
70. King Charles the First. Measures which he had resolved for the relief
of the Earl of Airth. Circa 1634, 56
71. The Same, on the same subject. Whitehall, 24th February 1634, 56
72. King Charles the First to the Earl of Kinnoull, to make payment to the
Earl of Airth of the remainder of the £10,000 which had been assigned
to him. Whitehall, 12th January 1635, 57
73. The Same to William Earl of Airth, thanking him for apprehending the
eldest brother of Gilderoy. Hampton Court, 28th December 1636, ... 58
74. The Same to William Earl of Morton, Treasurer, and the Earl of Traquair,
Treasurer-Depute, to pay to the Earl of Airth a certain sum of money.
Whitehall, 7th November 1637, 58
75. The Same to William Earl of Airth, thanking him for not taking part
with the Covenanters. Whitehall, 19th March 1639, 59
76. The Same to John Lord Kilpont. The same subject. Durham, 2d May
1639, 59
77. King Charles the First to William Earl of Airth, to treat with the Earl
of Mar regarding his surrender to the Crown of his heritable sheriffship
of Stirlingshire, chamberlainry of the lordship of Stirling and bailiary
thereof, and of the heritable keepership of the Castle of Stirling and
park thereof. Berwick, 27th June 1639, 60
78. The Same to The Same, commanding him to attend and assist the Com-
missioner at the ensuing Assembly and Parliament, and to influence his
friends and others to the same end. Berwick, 27th July 1639, 61
79. The Same to The Same. To repair to Court to consult on public business.
Whitehall, 20th November 1639, 61
LETTERS FROM KING CHARLES THE FIRST, ETC. xv
PAGE
80. King Charles the First, granting to William Earl of Airth and Menteith
a tack of the lordships of Fife and Menteith. Holyroodhouse, 29th
October 1641, 61
81. King Charles the First to the Lords of the Treasury. To expede the tack
of the lordships of Fife and Menteith, granted to the Earl of Airth.
Holyroodhouse, 12th November 1641, 64
82. The Same to the Lords Commissioners of the Treasury. To take some
means of paying what still remained of the debt due to William Earl of
Airth. York, 29th March 1642, 65
83. The Same to the Lords of the Treasury. To pass the lease granted to the
Earl of Airth, or take other means to satisfy his claims. Beverley, 1 8th
July 1642, 65
84. King Charles the First to the Lords Commissioners of the Treasury,
directing that the sum due to William Earl of Airth, which was still
unpaid, should be forthwith paid out of certain taxes. Oxford, 18th
March 1643, 66
85. King Charles the Second to the Earl of Airth, thanking him for his own
and his family's services to the royal family. Perth, 19th November
[1650], 67
86. King Charles the Second, ratifying the warrant for £7000 granted by
King Charles the First to the Earl of Airth. Portend, 10th February
1651, 68
87. King Charles the Second, requiring William Graham of Gartmore and
Patrick Monteith of Ardinbeg to guard the passes at Newbridge on the
Forth ; to apprehend all fugitives, and take possession of their means.
Kilsyth, 12th July 1651. [Originals of this and Nos. 88 and 89 at
Gartmore], 69
88. King Charles the Second, requiring John Graham of Duchray and Walter
Graham of Glenny to assist William Graham and Patrick Monteith in
apprehending fugitives from the army. Stirling, 28th July 1651, 69
89. King Charles the Second, relieving the lands of Gartmore and Arnebeg
from quarterings and cess. Stirling, 30th July 1651, 70
ABSTRACT OF THE MENTEITH CORRESPONDENCE.
PAGE
90. King Charles the Second to the Lords Treasurers and Commissioners of
the Exchequer in Scotland, requiring them to pay to William Earl of
Airth the sum of £500, which had been owing to his grandfather,
William Earl of Menteith. Hampton Court, 1 4th July 1662, 71
91. The Same to The Same. On the same subject. Whitehall, 2d June 1665, 71
STATE AND OFFICIAL LETTERS.
92. Alexander, first Earl of Dunfermline, Lord Chancellor, to William, seventh
Earl of Menteith, committing the bearer, his cousin, to his care. Edin-
burgh, 30th January 1619. [Originals of this and the five following Nos.
at Gartmore], 73
93. The Lords of the Privy Council of Scotland to The Same, to attend and
assist during the month of June as one of the Commissioners for Sur-
renders. Holyroodhouse, 12th April 1627, 74
94. The Same to The Same, requesting him to attend the next meeting of
Council. Holyroodhouse, 19th April 1627, 74
95. John Spottiswoode, Archbishop of St. Andrews, to William Earl of Menteith,
President of the Privy Council, acquainting him of the movements of
certain Roman Catholics, etc. Dairsie, 8th September 1628, 75
9 6. The Same to The Same. Information regarding the Master of Oliphant's com-
municating in the Church of Kinnoull. St. Andrews, 1 7th November 1628, 76
97. The Same to The Same, giving advice as to the treatment of excommuni-
cated Papists and recusants. St. Andrews, 23d November 1628, 77
Letters from Thomas, First Earl of Haddington, to William,
Seventh Earl of Menteith.
98. That his conduct in regard to the State had delighted the well-disposed ;
that a number of the great men who were inclined to Popery intended
either to go abroad, if permitted, or to stay near the Court, etc. Edin-
burgh, 24th March 1629, 78
LETTERS OF THE EARL OF HADDINGTON.
PAGE
99. Suggesting that he should take the opportunity of being near his Majesty
to inform him of the dangerous consequences of the Marquis of Huntly's
being received at Court ; that the Viscount of Drurnlanrig and Sir
Bichard Graham had apprehended a number of Border outlaws, and
that if they and others received encouragement from his Majesty, the
disorders would soon be repressed. April 1629, 80
100. Desiring his assistance in the Council in the discussion of the "great
businesse" between the Earl of Seafort and the burghs, and between the
Lord of Lome and the Islanders ; to intercede with his Majesty for the
remission of certain fines, etc. Edinburgh, 1st April 1629, 81
101. That he had convened those of the Parliament that were in town ; he had
read to them the Earl of Menteith's letter regarding the Countess of
Nithsdale; and further prosecution of the matter was delayed until his
Majesty's pleasure is known. Edinburgh, 7th April 1629, 83
102. Regarding the Countess of Nithsdale's excommunication ; also the treatment
of the Border outlaws. 13th April 1629, 84
103. Regarding the admission of Papists to the Council ; the Lord of Lome and
the Islanders ; and thefts of cattle and horses by James Grant of Carron
from Grant of Ballindalloch and his tenants. 16th April 1629, 85
104. The Privy Council of Scotland to King Charles the First, complaining of
Hollanders engrossing the whole trade and fishing in the North Isles.
Holyroodhouse, 28th July 1629. [Originals of Nos. 104 to 150 in-
clusive at Gartmore], 87
105. The Privy Council of Scotland to the Noblemen and others appointed on
the part of Scotland anent a treaty as to fishing ; result of a conference
with the Commissioners from the burghs. 21st April 1631, 88
106. William Earl of Strath ern to King Charles the First ; opposition of clergy to
Commission of Tithes ; illness of the Clerk-Register. Circa November
1632, 90
xviii ABSTRACT OF THE MENTEITH CORRESPONDENCE.
Letters from Sir William Alexander, afterwards Earl of Stirling,
to William, Seventh Earl of Menteith.
PAGE
107. That the Duke of Buckingham had been killed at Portsmouth by Lieutenant
Feltoun. Southwick, 23d August [1628], 91
108. That the Duke's death had caused a great change at Court ; that the best
service Menteith could do was to " further the Circuite Courts." South-
wick, 1st September [1628], 92
109. Desires him to settle, if possible, the differences between Lord Mar and
Lord Napier ; states also that " Lord Nithsdale is laboureing for a letter
to the Councell that his Ladie may not be troubled." Hampton Court,
27th September [1628], 92
110. Regarding certain intended prosecutions ; also in what manner the Judges
should treat the Lords of Regalities in the Circuit Courts. London,
23d October [1628], 94
111. Desiring him to convene the Commissioners as speedily as possible] that
there was nothing at Court but vexations and divisions, every man working
against another, and few or none for the public. London, 15th November
[1628], 95
112. Giving an account of a meeting of the Commissioners in London ; further
dissuading Menteith from coming to Court at present. London, 18th
November [1628], 96
113. That the King had been pleased with the latter's letter ; refers also to a
matter between the writer (Sir William) and Lord Eothes. London, 26th
November [1628], 98
114. That the King was vexed with the divisions among "our countriemen,"
which made both parties the more distasteful to him; he left it to
Menteith himself as to whether he should go to London ; no grants were
to be made out of the penal statutes, but means might be found to pay
the pension of Menteith, etc. London, 2d December [1628], 99
115. Refers to Menteith's expectation of a reward; the writer thinks it well
founded, but states that the mention of such a thing at present " would
make one vngracious." London, 16th December [1628], 100
LETTERS OF SIR WILLIAM ALEXANDER. xix
PAGE
116. That the King was pleased with the latter's apprehending Sir John Ogilvie ;
refers also to the exhibition of rights of tithes to his Majesty's advocate.
London, 26th December [1628], 101
117. Signifying his Majesty's pleasure that he should come to Court, as the
Commissioners would meet before the King went to Newmarket. London,
27th December [1628] 103
118. He was sorry to hear of the Lord Advocate's " stryfe for place ; " his
business of the baronets was proceeding slowly, etc. London, 19th
November [1629], „ 103
119. That the King desired the Commissioners to repair to London ; that the
writer had sent home a warrant for making baronets, to be filled up as
Menteith and the Lord Advocate should think best. London, 2d
December [1629], 104
120. Information regarding bonds, etc. ; that there was a disagreement among
the English courtiers. London, 1st January [1630], 105
121. That Lord Gordon had received orders for a Commission against the Papists ;
that his Majesty did not desire Lady Huntly's daughters should be taken
from her, but relieved from the horn. London, 12th January [1630],... 107
122. That Lord Napier had not yet returned to Scotland ; had got his " vnawork-
able bakband " delivered to the writer's colleague ; refers also to other
bonds, etc. London, 16th January [1630], 108
123. Referring again to Lord Napier; also of the means to be taken to raise
money on the writer's account. London, 21st January [1630], 109
124. Regarding the delivery of Menteith's surrender, etc. London, 9th February
[1630], Ill
125. That the change in the Treasurership had been agreed upon and approved
by the King. London, 20th March [1630], 112
126. That the King intended to write for him to consult on certain matters.
London, 23d March [1630], 113
1 27. Giving several items of news. London, 3d April [1630], 113
1 2S. Expressing his desire to see Menteith in London. London, 4th April [1630], 114
xx ABSTRACT OF THE MENTEITH CORRESPONDENCE.
page
129. Acquainting him of several matters that had taken place at Court ; that Sir
Alexander's colleague had left the Court to go to Scotland, etc. London,
29th October [1630], 115
130. Eecommending the "League" to be welcomed home to Scotland, as he had
been faithful, etc. Theobalds, 9th November [1630], 117
131. That the bearer would communicate certain matters. London, 28th
December [1630], 117
132. Desires Menteith to settle matters between his colleague and the Lord
Advocate, so that all cause of public discord may be removed. London,
27th March [1631], 118
133. Sir "William Alexander, afterwards Earl of Stirling, to the Countess of
Menteith, that her husband was in good health, and had received five
hundred pounds of pension from the King. London, 25th May [1631], 119
134. The Same to William, seventh Earl of Menteith, that the King was
unwilling a convention shoidd be called to procure money for defraying
the expenses of his journey to Scotland, saying he would find it by other
means, etc. Portsmouth, 16th August [1631], 119
135. The Same to The Same, complaining of the manner in which the latter had
conducted a certain affair for him. Portsmouth, 18th August [1631],... 121
136. Henry Alexander, third son of Sir William Alexander, and afterwards third
Earl of Stirling, to "William, seventh Earl of Menteith, of certain trans-
actions at Court ; the business between Eoxburgh and Buccleuch and
Francis Stuart ended, etc. Woodstock, 22d August 1631, 122
Letters from Sir Thomas Hope, Lord Advocate, to William, Seventh
Earl of Menteith, now Earl of Strathern.
137. That the bishops had been summoned before the Council for failing to attend
the Commission, etc. Edinburgh, 5th November 1631 123
138. That the Chancellor was expected in Edinburgh on Thursday, when the
writer would present the charter of the fishing to the Council, etc.
Edinburgh, 8th November 1631, 124
LETTERS OF SIR THOMAS HOPE.
PAGE
139. That the signature of the fishings had been passed by the Council; that
he found Lady Strathern greatly offended because she had been disappointed
of a sum from the Chancellor for payment to the Earl of Perth, etc.
Edinburgh, 10th November 1631, 125
140. Eegarding the sum due from the Chancellor referred to in the preceding
letter, etc. Edinburgh, 11th November 1631, 127
141. Soliciting an appointment then vacant for his son, or in the event of his not
obtaining the same, that certain parties whom he names should be kept
out of it, etc. Edinburgh, 12th November 1631, 129
142. On the same subject. Edinburgh, 19th November 1631, 132
143. Sir Thomas Hope, Lord Advocate, to the Countess of Strathern. On the
vacancy referred to above. Edinburgh, 2 1st November 1631, 136
144. The Same to William Earl of Strathern, regarding certain matters before
the Couucil ; that the Committee anent the teinds was not much liked by
many noblemen ; again soliciting the vacant office already mentioned for
his son. Edinburgh, 7th December 1631, 138
145. The Same to The Same, denying a charge of infidelity to his trust made
against him by the Bishop of Moray, and desiring the matter to be
investigated. Edinburgh, 22d December 1631, 140
146. The Same to The Same, that he had caused the Act of Submission anent
the payment of the King's annuity to be ratified ; regarding also a right
of patronage in which Earl Marischall and the Earl of Moray were
interested; referring further to the case of his own son already mentioned.
Edinburgh, 24th December 1631, 142
147. The Same to The Same, soliciting for himself the Lordship of Session which
he had formerly desired for his son, if it could not be procured for the
latter ; desiring also to have a letter " for trying of that devilische
calumnie of that reverend father of leis." Edinburgh, 5th January
1632, 144
148. The Same to King Charles the First, that he had sent to the Earl of Strathern
an account of the proceedings anent the teinds; that he had drawn up a
c
xxii ABSTRACT OF THE MENTEITH CORRESPONDENCE.
PAGE
letter to be signed by his Majesty anent the rectifying of the under-valua-
tions of the teinds, and thanking his Majesty for conferring upon his son
the vacant Lordship of Session. Edinburgh, 2 8th July 1632, 1 4 5
149. The Same to the Earl of Airth, that there had been a meeting with the
Earl of Traquair, at which a letter of the King's was discussed, and
desiring him to be present in Court at the debate on a subsequent day.
Edinburgh, 19th January 1635, 147
150. The Same to The Same, that his Lordship's cause had been called, and
giving an account of the proceedings in Court. Edinburgh, 2d July 1635, 148
151. Sir George Hay, Viscount Dupplin, Lord Chancellor of Scotland, to King
Charles the First, that the bearer would communicate to his Majesty
such matters as he had to tell. Holyroodhouse, 22d May [1632]. [Original
at Traquair], 149
152. John Earl of Traquair to King Charles the First, that the Earl of Airth had
compeared before the Council and demitted his offices and pension ; and
stating what steps the writer had taken in various matters in the King's
interest. Circa 1633. [Copies of this and the three following Nos. at
Traquair], 150
153. William Earl of Airth to the Commissioners anent his Accusation, denying
that he had uttered the treasonable words laid to his charge. Airth,
10th July 1633, 152
154. John Earl of Traquair to William Earl of Airth, obliging himself to pro-
cure from the King a warrant for Airth's pardon, or to report the matter
again to his Lordship. Holyroodhouse, 15th July 1633, 153
155. Excerpt from Draft Letter by John Earl of Traquair to King Charles the
First, enclosing the submission of the Earl of Airth for his Majesty's perusal,
and instructions thereanent. Circa July 1633, 154
156. William Earl of Airth to King Charles the First, thanking his Majesty for
marks of his favour, and asking his assistance in paying his cautioners,
who were selling his lands, which had been assigned to them in security
of their obligations. Airth, 3d April 1634. [Original at Traquair], .. . 154
FAMILY AND DOMESTIC LETTERS.
157. The Same to The Same, stating he had attended the Commissioner during
the time of the Assembly and Parliament ; that he had watched the
movements of a certain officer of State, as commanded by his Majesty,
and desiring to know how lie should conduct himself in regard to signing
the Covenant, most of the Council having signed it, and whether he
should give his opinion to the Commissioner although unasked. The
King's answer, which is indorsed on the above, is that those who do not
sign the Covenant will be more esteemed by him than those who do ; and
only to give his opinion if asked. Edinburgh, 20th September 1639,... 156
158. General George Monck to the Earl of Airth, to cut down the woods of
Milton and Glegait (? Glessart) in Aberfoyle parish, which were a shelter
to rebels and mossers. Cardross, 17th May 1654. [Original at Gart-
raore], 158
159. The Same to Lord Kinpont, advising him to refer the difference between
himself and DufiYa to Colonel Daniel for settlement. Dalkeith, 12th
February 1657, 159
FAMILY AND DOMESTIC LETTERS.
160. William Earl of Airth to his cousin, William Grahame of Polder, that he
was well pleased with what the latter had done in Lady Kilpont's business ;
that Major Middleton had given a warrant to Lord Perth, Tullibardine,
and the writer, " to keip the headisof thir countreis." Yll, 12th August
1646. [Originals of Nos. 160 to 167 inclusive at Gartmore], 160
161. Sir John Campbell of Glenurchy (father of the first Earl of Breadalbane) to
his father-in-law, William Earl of Airth, that his eldest son was seeking
to deprive him of his liferent, and desiring the Earl's assistance to set
matters right between them. 1 3th September 1660, 161
162. The Same to The Same. Steps to be taken in the management of his estate,
and for provisions for his children, etc. Mochaster, 1st January 1661, 162
163. William, second Earl of Airth, to his cousin, the Laird of Gartmore.
Arrangements about money matters. London, 30th September 1662,... 164
ABSTRACT OF THE MENTEITH CORRESPONDENCE.
164. The Same to The Same, desiring him to send as soon as possible what
money he could get, either from the tenants or otherwise. London, 13th
November 1662, 166
165. The Same to The Same, that he was ill and in want of mouey, and desiring
a supply to be sent to him. London, 14th April 1663, 167
166. The Same to the Lady Elizabeth Grahame his sister, giving his consent to
her marriage with Sir William Grahame of Gartmore, but stating that he
had no portion to give her. Edinburgh, 12th October 1663, 168
167. William, eighth Earl of Menteith, to David, second Earl of Wemyss,
expressing his regret at being unable to pay the latter. Yle, Menteith,
18th November 1667, 169
168. John Grahame of Claverhouse, afterwards Viscount of Dundee, to William,
eighth Earl of Menteith, advising him to settle his affairs and appoint
a successor, and giving reasons why that successor should be himself.
Circa 1679, 170
1 69. The Same to The Same, expressing his friendship for him. Dumfries, 14th
February 1679, 172
170. James, third Marquis of Montrose, to William, eighth Earl of Menteith,
that he had met Claverhouse to-day ; that the " fanaticks " in Clydesdale
had entered Eutherglen and burned the Declaration and Oaths of Allegi-
ance and Supremacy, and had been pursued by some of Claverhouse's
soldiers. Mugdock, 30th May 1679, 173
171. The Same to The Same, that a commission would have been granted to the
latter had the Lords not thought his indisposition would prevent him
from taking it up, etc. Camp at Muirhead, 19th June 1679, 174
172. Sir James Graham, third son of William, seventh Earl of Blenteith, to his
nephew, William, eighth Earl of Menteith, that his Eoyal Highness
intended to leave for Scotland soon, and recommending Menteith to pay
court to him. London, 25th October 1679, 174
173. William Earl of Menteith to his uncle, Sir James Graham, desiring the
presence of the latter and his daughter in Scotland, with the object of an
FAMILY AND DOMESTIC LETTERS.
alliance between the latter and a certain nobleman whom the Earl had
in view, since Sir James had declined Claverhouse's offer. Edinburgh,
18th November 1679, 170
174. The Same to James, third Marquis of Montrose, that he would be in
Edinburgh before the 1 5th instant, and soliciting an infantry command if
any forces were raised in Scotland for the King's service. Yle, 4th
January 1680, 177
175. James, third Marquis of Montrose, to William, eighth Earl of Menteith,
that his Highness was well pleased with the latter's offer to suppress
disorderly meetings ; he did not, however, feel warranted in granting a
commission of himself, but would favourably represent the matter to the
Council. Edinburgh, 20th January 1680, 179
176. William, eighth Earl of Menteith, to James, third Marquis of Montrose,
urging him to keep his promise to marry the daughter of Sir James
Graham. Yle Menteith, 27th May 1680, 180
177. John Grahame of Claverhouse, afterwards Viscount of Dundee, to William,
eighth Earl of Menteith, stating that he was extremely grieved he had been
turned out of " that business" — his suit for the hand of Miss Graham,
and detailing how Montrose had paid his attentions to that lady while
having no intention of marrying her, etc. London, 3d July [1680], ... 183
178. The Same to The Same, ahout Montrose's affair. London, 8th July [1680], 188
179. The Same to The Same, that what he had previously written was only to
prevent misrepresentation about himself, and to offer his services for the
recovery of Menteith's estates, etc. London, 24th August [1680], 189
180. John Duke of Rothes, Chancellor of Scotland, to William, eighth Earl of
Menteith, thanking him for his services in suppressing conventicles and
apprehending disorderly persons. Edinburgh, 2d September 1680.
[Original at Gartmore], 190
181. William, eighth Earl of Menteith, to James, third Marquis of Montrose,
anent a dispute between the latter and Drumakill about the superiorities
of certain lands. lie, 27th June 1681, 191
xxvi ABSTRACT OF THE MENTEITH CORRESPONDENCE.
PAGE
182. The Same to The Same, that the latter's actings had vindicated his
honour and reputation from the unjust accusations of some seditious
persons, who said that he desired to build up his own family on the ruins
of Menteith's ; that the writer was unwell, and thought he would be
unable to go to Parliament. He, 27th June 1 681, 193
183. The Same to The Same, that he had resolved to be in Edinburgh at the
meeting of Parliament, and desiring the latter to borrow for him some
Earl's robes. He, 27th June 1681, 195
184. William, eighth Earl of Menteith, to Colonel Graham, brother to the
Viscount Preston, that he was much obliged to him and to his brother
the Viscount, and that he had signed the borebrief. Isle of Menteith,
4th July 1681. [Copy], 196
185. Isabella, wife of Sir James Graham, to William, eighth Earl of Menteith,
that as the latter had been pleased to propose a marriage between
Claverhouse and her daughter, she desires to know what steps he would
take towards recovering the lands of his ancestors, with the view of settling
them upon her daughter in the event of the marriage taking place.
London, 15th July 1681, 197
Five Letters from John Graham of Claverhouse, afterwards Viscount
of Dundee, to William, Eighth Earl of Menteith.
186. Denying that he had traduced him to the Earl of Lauderdale ; he was glad
to hear he had written to Lady Graham, etc. London, 1st October [1681], 198
187. Thanking him for writing to Lady Graham and her daughter anent his
suit ; he thinks the letters, however, not quite suitable, and desires him
to write new letters to the same purpose, etc. London, 1st October
[1681], 201
188. That he had been anxious to let him know how Montrose had been using
him (Menteith) ; he had bought an infeftment from Mr. Eiven on the
barony of Drumniond ; desires to have his suit pressed. Edinburgh,
11th December 1681, 203
LETTERS OF JOHN GRAHAM OF CLAVERHOUSE.
189. That he had nothing worth writing ; there was a "water" rising betw r een
him and the other half of his party. Newton of Galloway, 17th
February 1682, 204
190. Desires the Earl to meet him at Bille ; to send nobody to Ireland, and take
no new measures until he should see him. Newton of Galloway, 1st
March 1682 205
191. John Master of Stair to William, eighth Earl of Menteith, that the Marquis
of Montrose was no longer an object of resentment, but rather of grief ;
advises him to come home privately and he would find no disturbance
in Menteith. Edinburgh, 25th April 1684. [Originals of this and the
following No. at Gartmore], 205
192. William, eighth Earl of Menteith, to Mr. John Smart, writer, Edinburgh, that
he had written his wife begging her to come home, and had sent to him the
two duplicates of a contract and bond for six hundred merks for her use
yearly, in order that he might deliver them to her if she would consent
to return home, but if not, to send them again to Menteith. Stirling,
I7th March 1687, 206
ABSTRACT OF MENTEITH CHARTERS.
1. Charter by King William the Lion, confirming to William Noble the two
carucates and two oxgates of land in Kenpunt, that Henry de Bohon,
Earl of Hereford, gave to him ; and also the whole land in Ileuestune that
Geroud held, which the foresaid Henry de Bohon, Earl of Hereford, gave
to the. foresaid William Noble : To be held by him and his heirs of the
foresaid Henry and his heirs as freely as the Earl's charter bore, reserv-
ing the King's service. Witnesses, Oliver the King's chaplain, William de
Boscho his clerk, and others. Clackmannan, 28th May circa 1200, ... 207
2. Charter by Ralph Noble, knight, son of William Noble, granting to David
of Graham, and Agnes his spouse, for his homage and service, the half of
the demesne lauds of Kentpunt, in the territory of Kentpunt : To be held
by them and the survivor of them, their heirs or assignees, heritably for
ever, free of all ward and relief, etc. Circa 1245 207
3. Charter by Thomas Noble, son of Sir Ralph Noble, with consent of Ralph
his father, Ralph his brother, and others his friends, granting permission
to Sir David of Graham and Agnes his spouse, and their heirs or
assignees, if they so inclined, to hold the lands in Iliveston, which they
held heritably of him, of Sir Humphrey de Bovn, Earl of Hereford, and
his heirs ; and engaging for himself and his heirs in that event to
endeavour to procure the said Earl's consent to their holding the said
lands of him and his foresaids in peace, etc. 30th January 1255, 209
4. Resignation by Ralph Noble, son of Sir Ralph Noble, with consent of his
said father, in favour of Thomas his brother, of all the lands he had held
in the town of Yliuestoun by gift of Sir Ralph his father, with all claim
he had to the said lands ; the granter, moreover, for himself and his
heirs, agrees not to gainsay the gift which his brother Thomas made the
same day of the said lands to Sir David of Graham and Agnes his
spouse. 30th January 1 255, 210
ABSTRACT OF MEXTEITH CHARTERS.
5. Charter by Walter Oomyn, Earl of Menteitli, confirming a charter by
Alexander of Striuilyn, knight, for the welfare of his soul and the soul of
Ermengarde, daughter of King Alexander, granting to the church of St.
Thomas the Martyr of Aberbrothoc, and to the monks serving God there,
in perpetual alms, a half stone of wax yearly for the lighting of the said
church, to be paid at the fair of Montrose by the granter's provost for
the time, in Laurestun, which Walter Earl of Menteith had given to the
said Alexander. Circa 1240, 212
6. Charter by Sir John Russell and Isabella his spouse, Countess of Menteith, to
Sir Hugh of Abyrnethine and his heirs or assignees, for his service and
fealty, of a twenty pound land of reasonable extent in the territory of
Aberfoyle, on the west side of Forth : To be held by the said Sir Hugh
and his heirs or assignees, of the granters and their heirs, as freely as
they ever held or could hold them, for rendering yearly at the feast of
St. James a young sparrow-hawk or six pennies, reserving to the King the
forensic service pertaining to so much land, and to the granter and his
heirs the advowson of the kirk of Abirful (Aberfoyle). Circa 1260, ... 213
7. Inspeximus by King Henry the Third of England, dated at Windsor, 20th
September 1261, certifying that he had examined a writ under the seals of
Alexander, son of the King of Scotland, Gilbert Earl of Strathern, Malcolm
Earl of Fife, and William de Bosco, Chancellor, narrating an amicable con-
vention, dated at Edinburgh, 6th December 1213, made between Maurice
Earl of Menteith and Maurice his younger brother, on a dispute between
them respecting the earldom of Menteith, which Maurice the younger claimed
as his right and heritage ; to wit, the foresaid Earl Maurice resigned in the
hands of King William the earldom of Menteith, and the King delivered it
to Maurice the younger as his right, but Maurice the elder was to hold by
bailiery of the King two towns, namely, Muyline and Radenoche, also Turn,
Cattlyne, Erathuli and Cambuswelhe, which Maurice the younger delivered
to the King for the use of Maurice elder for his lifetime, to return to
Maurice younger on his brother's death ; and Maurice the younger de-
livered to Maurice the elder, for marrying his daughters, Savelime, as the
said two brothers held it, with Mestryn, Kenelton, and Stradlochlem, ... 214
d
ABSTRACT OF MENTEITH CHARTERS.
8. Inspeximus by King Henry the Third of England, dated at Windsor, 2Uth
September 1261, certifying that he had examined a charter dated at
Edinburgh, 7th December 1213, under the seal of William King of
Scotland, confirming a convention made in his full court at Edinburgh
between Maurice the elder of Menteith and his brother Maurice the
younger, respecting the earldom of Menteith, which the latter claimed as
his right, and which the former resigned in his favour 215
9. Charter by Walter Stewart, Earl of Menteith, whereby, for the welfare of
the souls of his predecessors buried in the Abbey of Paisley, he confirmed
to St. James and St. Mirin of Paisley, and to the monks serving God
there, the gift which Dufgall, the son of Syfyn', made to the said monies,
before he conveyed the land of Schyphinche to the said Earl, of the
Church of St. Colmanel (Kilcalmonell), situated within the foresaid land,
with an acre of land belonging to the said church, together with the
chapel near the Castle of Schyphinche : To be held by them in free and
perpetual alms. Witnesses, Finlay of Stragrif, John of Irschyn, knights,
and others. The Park of Irschyn, the Thursday next after the Feast of
St. Hilary, 19th January 12G2, 216
10. Charter of Confirmation by King Alexander the Third, of the gift which
Walter Stewart, Earl of Menteith, with consent of Mary his spouse,
Countess of Meuteith, made to Gilbert, son of Gilbert of Glenkerny, knight,
of the half of the town of Broculy, with the pertinents, namely, the half
lying on the east side towards the marches of Eglysdissentyne : To be
held by the said Gilbert and his heirs of Earl Walter and Mary his
spouse, in fee and heritage, saving the King's service. Obeyne, 14th
August 1267, 217
11. Retour of Inquest made by Walter Stewart, Earl of Menteith, Sheriff of
Dumbarton, proceeding on a brieve from King Alexander the Third, by
which the said Sheriff found that Mary, wife of John of Wardrobe,
Helen, wife of Bernard of Erth, and Forveleth, wife of Norrin of
Monorgund, daughters of the deceased Finlai of Camsi, were the lawful
heirs of the late Dufgal, brother of Maldouen Earl of Lennox, descending
lineally from Malcolm, brother of the said Dufgal, and grandfather of the
ABSTRACT OF MENTEITH CHARTERS.
PAGK
foresaid ladies, and that the said Dufgal had no married wife. Done
at Dumbarton, the Wednesday after the Feast of St. Dunstan the Arch-
bishop, 15th May 1271, 217
1 2. Bond by Patrick Earl of Dunbar, Patrick, John, and Alexander his sons,
Walter Stewart, Earl of Menteith, Alexander and John his sons, Eobert
of Bruce, Lord of Annandale, and Kobert of Bruce, Earl of Carrick, and
Bichard of Bruce his sons, James, Steward of Scotland, and John his
brother, Enegus, son of Dovenald, and Alexander his lawful son, whereby
they engage to adhere to Sir Bichard de Burgh, Earl of Ulster, and Sir
Thomas of Clare in all their affairs, and to stand faithfully by them and
their accomplices against all their adversaries, saving their fidelity to the
King of England, and also to him who should obtain the kingdom of
Scotland by reason of relationship to Alexander King of Scotland last
deceased. At Turnebyry in Carrick, on the eve of St. Matthew, 20th
September 1286, 210
13. Charter by Walter Stewart, Earl of Menteith, granting to the Abbey of St.
Mary and St. Wynniu of Kylwyning in Cunningham, and to the monks
serving God there, the church of Kylinachornat in Knapdale, with the
chapels of St. Mary in Cuapro and St. Michael in Inwerlaxo, and three
pennies worth of land in Biventos annexed to the church of Kylma-
chornat, in pure and perpetual alms, for the welfare of the granter's soul,
the soul of Mary his late spouse, Countess of Menteith, and the souls of
all his predecessors and successors. Circa 1290, 220
14. Grant by King Edward the First of England to William, son of John
Comyn, of the keepership of the Forest of Traquair and Selkirk during
the King's pleasure, in the same manner as Simon Fraser, lately
deceased, held it in his lifetime. Westminster, 15th January 1292, ... 221
15. Letters by King Edward the First of England to John King of Scotland,
bearing that he had granted the marriage of Isabella Comyn, relict of
William Comyn, which happened while he held the kingdom of Scotland
as overlord, to his faithful subject Edmund de Hastings, and requiring King
John to absolve the said Isabella from an oath he had extorted from her not
to marry without his permission. Newcastle-on-Tyne, 5th January 1293, 221
ABSTRACT OF MENTEITH CHARTERS.
16. Letters by King Edward the First of England, appointing Alexander Earl
of Menteith to take, on behalf of the King, the castles, fortalices, islands,
lands, and tenements belonging to Alexander of Ergeyl, and also those
belonging to John, eldest son of the said Alexander, and to have the keep-
ing of them during the King's pleasure, the surplus over after keeping the
former to go to the said Alexander, and the surplus of the latter to go to
the King's exchequer at Berwick. Berwick, 10th September 1296, ... 222
17. Charter by Alan Earl of Menteith, son of Sir Alexander Earl of Menteith.
to Sir Walter of the Akynhewyde, knight, for his homage and service of
the lands of Thome in Menteith : To be held of the granter and his heirs
for rendering the King's forensic service pertaining to the said land.
Circa 1305, 223
1 8. Letters by John of Berclay, Lord of Crauford, whereby he agrees to grant
to Malise of Menteith an abatement of part of the eight marks he was
bound to pay him for the lands of Tulyinadich and Cragis, when, in con-
sequence of the lands being destroyed by the English, or otherwise, he
should be unable to uplift the whole from the said lands. Aberdeen,
11th June 1309, 224
1 9 . Charter by King Robert the Bruce, granting to Walter Fleming, son of William
Fleming of Barruchan, knight, for his homage and service, half of the
mill of Kettenes, the third part of the land of Petcur, a brewhouse and
orchard in the town of Kettenes, with four acres of land of the said town
assigned to the brewhouse, a cot in the west of the town, a smithy and
23s. of silver yearly to be uplifted in the mill of the barony of Essy : To
be held by the said Walter and his heirs of the King and his heirs, in fee
and heritage, for rendering the eighth part of the service of a knight in
the King's army, with the Scottish service due and wont, and the propor-
tion of a suit to be rendered for the barony of Kettenes in the Sheriff-
Court of Forfar. Witnesses, Bernard abbot of Abirbrothoc, John of
Meneteth, etc. Abirbrothoc, 20th March, ninth year of reign, 1315, ... 224
20. Charter by Murdach Earl of Menteith, son of Alexander, sometime Earl of
Menteith, to Sir Walter of Menteith, son of Sir John of Menteith, and
ABSTRACT OF MENTEITH CHARTERS.
Iiis heirs and assignees, of the whole land of Thom, in the earldom of
Menteith, the marches beginning from the water of Teith and going by
the marches of the town of Dune as far as the marches of Conulath, with
four merits of land formerly lying in Conulath, the lands of Thom on the
south, with the lands of the three Lanarkynys in Menteith, and so going
by the marches of Sesltentuly, Bucopill, and Thorri, as far as the water
of Teith on the west side, and descending by the said water to the marches
of the town of Dune : To be held by the said Sir Walter and his heirs of
the Earl and his heirs, in fee and heritage, with the fishings of the water
of Teith so far as the lands of Lanarkynys and Thom extend, for render-
ing to the King forensic service pertaining to the said lands, and to the
Earl and his heirs three suits at their three head courts of Menteith.
Circa 1330. [Original in the Gleneagles Charter-chest], 225
21. Charter by Murdach Earl of Menteith, granting to Gilbert of Drommund.
for his homage and service, the east half of the town of Buchchoppill.
lying next to the land of Busby, in the earldom of Menteith : To be held
by the said Gilbert and his heirs and assignees of the Earl and his heirs,
in fee and heritage for ever, for rendering to the King the forensic service
pertainiug to the said land, and three suits at the three head courts of
Menteith yearly ; provided that in case the said Gilbert should predecease
Matilda his spouse, she should enjoy the said lands of Buchchoppill during
her lifetime ; in case of his death without a lawful heir-male of his body,
the said land to go, after the death of the said Matilda, to Elen, daughter
of the said Gilbert, and the heirs-male of her body ; whom failing, to
Elysabeth, Johanna, and Anabel her sisters successively, in the same
manner ; whom all failing, the lands were to revert to the said Gilbert
of Drommund and his heirs. Circa 1330, 227
22. Charter by Murdach Earl of Menteith to Kobert of Logi, son of the deceased
Malise of Logi, for his homage and service, of his whole land of Easter
Broculli in Menteith : To be held by him and his heirs of the Earl and
his heirs in fee and heritage, for rendering the King's forensic service, and
three suits every year at the three head courts of the earldom of Menteith.
Circa 1330, 229
ABSTRACT OF MENTEITH CHARTERS.
23. Charter by Johanna of Menteith, Countess of Strathern, to John, son of
Walter, of the lands of Gellow, in the barony of Kortachy and shire of
Forfar : To be held by him and his heirs whomsoever of the granter and
her heirs, in fee and heritage for ever, for payment yearly of one penny
of silver at the manor-place of Kortachy, in name of blench farm, if asked
only. Circa 1330, : 230
24. Notarial Instrument, narrating that, on the 30th October 1343, in the
parish church of St. Mary Magdalene, Milk Street, London, in presence
of a notary and witnesses, compeared Mr. John Feuere, as procurator for
Bertold of Lon, in the diocese of Cologne, and for a noble woman, Philippa
de Moubra}', and craved of Sir John of Bridge and John of Evesham,
priests there present, whether they knew of any contract of marriage
between the said Bertold and Philippa, whereupon the said John of
Bridge said he was present in the house of John of Weston in Temsestrete,
on the Wednesday after the Feast of St. John the Baptist, 1338, when
the said Bertold contracted marriage with the said Philippa, saying, " I
Bertold de Lon take thee Philippa of Moubray for my wife," etc., and she
responded in similar terms ; and the said John of Evesham expressly
declared that the said Philippa, when ill and despairing of her life, con-
fessed to him that she had no right to her pretended husband Thomas of
Westoun, because she was previously contracted to the said Bertold of
Lon ; and that he, the said John, enjoined her to leave the said Thomas and
cleave to the said Bertold. Done in the Church foresaid, 30th October 1343, 232
25. Disposition by John of Menteith, Sheriff of Clacmanane, to John Mercer,
burgess of Perth, of all right and claim which he had in the wards or
reliefs of the lands of the deceased Sir William of Moray, Lord of
Tolibardy, granted to the said John of Menteith by Sir William Earl of
Sutherland and Lady Jean his spouse, Countess of Stratheryn ; together
with all right he had to an annualrent from Petwer and Aldy, through
Christian More, spouse of the deceased Reginald More, for a sum of money
paid to him ; with clause of warrandice against the said Earl of Suther-
land and Countess of Stratheryn. Dated at Perth, Thursday after Whit-
sunday 31st May 1352 234
ABSTRACT OF MENTEITH CHARTERS.
26. Charter by John of Meuteith, Lord of Cnappodol and Aran, to his trusty
kinsman Gilleasbeg Carnbel, Lord of Lochow, and his heirs and assignees,
of lauds in Knapdale, namely, the penny land of Ardnamio, Ervergy.
Ariluyg and Ariereeh, the farthing land of Bercorari, penny land of
Leachenaban, Drumlynd and Craglyne, farthing laud of Obinhan, penny
land of Bealalach, Conardari, Kyllmychel and Cragnabyach, and others
therein specified : To be held by the said Gilleasbeg and his heirs and
assignees of the granter and his heirs, in fee and heritage, with ward and
relief of the same, for payment yearly of a penny sterling at Martinmas,
if asked. The charter further grants that if thieves or robbers happened
to be arrested on the said lands, the said Gillespie and his foresaids should
have full power to sell and banish them, save that, if adjudged to death,
they should be brought back to the granter's court and gallows to be
hanged. Castle Suffyn (Swine), on the vigil of St. Andrew [29th
November] 1353, 235
27. Letters by Pope Innocent the Sixth, directed to the Bishop of Aberdeen,
dispensing with the impediments to the marriage of Thomas Earl of Mar
and Margaret, daughter of the late John Earl of Meuteith, who were
related to each other in the fourth degree of consanguinity, and declaring
the issue of the marriage to be legitimate. Villa Nova, in the diocese of
Avignon, 29th May, second year of pontificate [1354], 237
2S. Charter by King David the Second, whereby, on the narrative that, at the
suggestion of certain persons, he had formerly taken into his hands the
lands of Strongartney, then within the shire of Perth, but now in the
shire of Stirling, from John of Menteith, knight, then in full and peaceful
possession thereof, and had infefted the deceased John of Logy in the same;
and calling to mind that the King his father granted heritably the said
lands, which fell to him by the forfeiture of John of Logy, knight, father
of the said John of Logy, in free barony to the late John of Menteith,
knight, father of the foresaid John of Menteith, and Elen of Mar his
spouse, King Piobert's niece, conjointly, and their heirs in free marriage,
aud that they died lawfully seised in the said barony, his Majesty granted
to the said John of Meuteith, knight, his kinsman, the same state of the
ABSTRACT OF MENTEITH CHARTERS.
PAGE
foresairl barony of Strongartney as he had by tenor of the said charter ;
and restored him to the same possession as he had before the gift to the
late John of Logy, which the King had revoked in the first Parliament
after his deliverance from England. Dundee, 5th April [1.359]. [Acts
of the Parliaments of Scotland, vol. i. p. 564], 238
29. Agreement made in presence of Sir Eobert of Erskine and Sir Hugh of
Eglynton, justiciars of Scotland, Sir Patrick of Grame and others, between
John of Dromund, on the one part, and John of Menteith and Alexander
of Menteith, brothers of the deceased Walter of Menteith, on the other
part, for stanching of feuds and dissensions, and restoring concord among
them, in manner as follows : That to make amends for the slaughter of
the deceased Walter of Menteith, and Malcolm and William his brothers,
their men and adherents, by the said John of Dromund and his men and
adherents, and for all felonies and injuries done by him, Maurice his
brother, and Walter of Moray, and the said John's men and adherents,
to the said brothers and their kin and friends, the said John of Dromund
granted and confirmed, by charter and infeftment, to Alexander of Men-
teith and his heirs, the whole land of Eosneath, in the earldom of Lennox,
with clause of warrandice, in terms of the charter made thereanent,
expressly .granting that though mention was made in the charter of
homage and service, in the usual terms, the said Alexander should only
lie held bound for homage and suit of Court ; also, that in case the said
Alexander should prefer a nearer heir of his deceased brother Walter to
succeed to him in the said heritage rather than his own offspring, although
lie had lawful issue of his own, the said John would admit such nearer
heir as heir-assignee ; and also for himself, Maurice his brother, Walter
of Moray, and his kin and friends, discharged all rancour and enmity,
action and suit against the other contracting parties, for all felonies,
transgressions, etc., done by them to his or their injury ; and in special,
that Ghillaspic and Kessan, called Macghilecharrick, Donald son of
Gilbert, Duncan son of Nigel, and others concerned in the slaughter of
Brice the procurator, should be free from all pursuit by the said John,
Maurice his brother, and Walter of Moray, on account of the same ; and
ABSTRACT OF MENTEITH CHARTERS.
PACK
Finlay, son of Ay, should in like manner be free. On the other hand,
the said John and Alexander of Menteith, for themselves, their heirs, and
for the heirs of the deceased Walter, remitted all rancour, enmity, action
and suit against the said John of Dromund, Maurice his brother, and
Walter of Moray, and others their relatives and friends, and engaged that
they should be free from all injury at their hands, on account of the said
slaughters, for ever, Ghillaspic Cambel and Colin his son, with their
men, being excluded from the foresaid obligation, as the said John
and Alexander cannot bind them ; and the said brothers, and Walter
of Buchanan their nephew, bind themselves, in case the said Ghillaspic
or Colin should rise against the said John of Dromund and his men,
to stand constantly by him with all their following against the said
Ghillaspic or Colin. They also engaged to cause the heir of the deceased
Walter, -when he came to lawful age, to grant similar letters to the said
John Dromund ; failing which, Rosneath to revert to John of Dromund,
etc. ; and for faithful observing of the premises, the foresaid John and
Alexander of Menteith and Walter of Buchanan, on the one part, and the
said John of Dromund, Maurice of Dromund, and Walter of Moray,
on the other part, gave their bodily oath. Further, the Steward of Scot-
land, Earl of Strathern, for himself and his heirs, as chief of the clan on
either side, the Earls of Douglas and Angus, and Sir John of Menteith,
Lord of Arran, remitted all rancour, suit, and action against the said John
of Dromund, Maurice his brother, and Walter of Moray, for the death of
the said Malcolm and William of Menteith ; and both parties agreed to rise
against the party breaking the agreement, etc. Done on the banks of the
Forth beside Stirling, 17th May 1360. [Original at Drummond Castle], 239
30. Charter by King David the Second, confirming the grant [undated] which
Margaret of Moray, Countess of Menteith, made to John of Dromynd of
Concrag of the lands of Aberfoyle, with the pertinents, in the earldom of
Menteith, as freely in all respects as the charter of the said Countess to
the said John bore : To be held by him and the offspring begotten between
him and the said Countess, and the heirs and assignees of the said offspring.
Scone, 12th November, thirty-second year of reign [1361], 246
e
ABSTRACT OF MENTEITH CHARTERS.
31. Charter by King David the Second to Bartholomew of Loen, knight, for his
homage and service, and to the King's kinswoman, Philippa of Moubray
his spouse, of the whole barony of Barnebugale, with the pertinents in the
shire of Edinburgh and constabulary of Linlithgow, which barony John of
Grahame, Earl of Menteith, and Mary his spouse, resigned in the King's
hands at Perth, in a Council held there on the 3d of May, the seventeenth
year of his reign, for remission of 2000 merks sterling due to the King
by the said John and Mary by reason of marriage and relief : To be held
by the said Bartholomew and Philippa his spouse, and their heirs and
assignees, of the King and his heirs, in fee and heritage, for rendering
the service of an archer or bowman when required thereto. And in case
any of the heirs of the said John and Mary should contravene their renun-
ciation, or this grant, the said 2000 merks should be paid to the grantees
before entering on any lawsuit, for which payment it should be lawful to
distrain the earldom of Menteith. Abirbrothoc, 6 th January, thirty-second
year of reign [1361]. [Original at Dalmeny], 247
32. Charter by Kobert the Steward of Scotland and Earl of Strathern to his
kinsman Maurice of Drommunth, of the dominical lands of Drommane
and Tulychravin with the pertinents, in the earldom of Strathern : To be
held by him and his heirs and assignees, of the granter and his heirs, in
fee and heritage, for rendering a pair of gilt spurs yearly, in name of
blench farm, if asked only. Methven, circa 1362, 249
33. Letters of Bailiery by Bobert Steward of Scotland, Earl of Strathern and
Baron of Benfrew, with consent of John Stewart, Earl of Carrick, his
eldest son and heir, appointing Alan of Lawedir his bailie in the lands of
Byrkynsyde and others in Berwickshire. Perth, 16th October 1369.
[Originals of Nos. 33 and 3 4 penes "William Fraser, Edinburgh], 250
34. Indenture between Sir Bobert Stewart, Earl of Menteith, and Lady Isabella,
Countess of Fife, by which it was agreed that the Earl, whom the Lady
Isabella acknowledged as her true and lawful heir-apparent, should faith-
fully employ his utmost diligence and all his influence to recover to the
Countess the earldom of Fife, which she had resigned through force and
fear, and to help her in all her affairs, and behave to her as if she were
ABSTRACT OF MENTEITH CHARTERS.
PAGE
his mother ; and that, on the said earkloni being recovered, and the
Lady Isabella infeft therein, she should immediately resign the same in
the King's hands in favour of the said Earl, etc. [see translation, infrd\.
Perth, 30th March 1371, 251
35. Translation of the preceding indenture, 254
36. Obligation by Patrick of Graym, son and heir of Sir David of Graym, knight,
Lord of Dundaff, by which he became bound to find and support an
efficient chaplain, with all necessary furnishings pertaining to him, to say
mass for evermore in the parish church of Donbrethan (Dumbarton), at
the altar of the Holy Rood, for the soul of Isabella Flerayng, sometime
Lady of Dalnottyr, and for the souls of her parents and her offspring,
and of all the faithful dead, under which obligation the foresaid
Isabella had given to him the land of Kyllemonethdam and Kyllerman,
in the earldom of Lennox ; and the said Patrick became bound, for
himself and his heirs, in the event of their failing to find the said
chaplain, to pay £20 sterling of penalty to the fabric of the High Kirk
of Glasgow, subjecting himself and his foresaids to the jurisdiction of
the Bishop of Glasgow or his official therein. Glasgow, 10th February
1372, 256
37. Indenture between Eobert Stewart, Earl of Fife and Menteith, and Lady
Margaret his spouse, on the one part, and Sir Bertold of Loen, knight,
Lord of Barnebugall, and Lady Philippa of Moubray his spouse, on the
other part, for a marriage to be contracted between David, son and heir
of the said Bertold and Philippa, and Jonet Stewart, daughter of the said
Sir Robert Stewart, Earl of Fife and Menteith, and of Lady Margaret his
spouse, whereby the said Bertold and Philippa engage to supply the said
David and Jonet with all things necessary for their honourable sustenance;
and in the event of their surviving the said Bertold and Philippa, they,
or the survivor of them, and the heirs of their bodies, should enjoy the
whole heritage belonging to the said Bertold and Philippa his spouse
by reason of his said spouse ; but on failure of them and their heirs
foresaid, the whole heritage to revert to the lawful heirs of the said
xl ABSTRACT OF MENTEITH CHARTERS.
PACE
Philippa ; and the said Earl became bound to aid the said Bevtold with
all his power and influence to recover all the lands he might claim by
heritable right, through his foresaid spouse, in the kingdom of Scotland.
Edinburgh, 20th July 1372, 258
38. Bond of Maintenance by Eobert Stewart, Earl of Eife and Menteith,
whereby he becomes bound to assist with his best counsel and help Sir
Bertold of Loen, knight, in recovering all heritable lands which he desired
to claim by heritable right through Lady Philippa Moubray his spouse,
within the kingdom of Scotland; and also to aid and maintain him in all
his just possessions against all men, except the King, the Earl's brothers,
the Earl of Douglas, Sir James his son, and Sir Archibald of Douglas,
knights, and his own proper cause. Castle of Stirling, 25th November
1375, 260
39. Deliverance in form ot Indenture by Andrew Mercer, Lord of Mekylhour,
in a submission made to him by Sir Eobert Stewart, Earl of Fife and
Menteith, and John of Logy, Esquire, son of Sir John of Logy, knight, of
the debate and question between them respecting the lands of Logy and
Stragartnay, whereby he ordained the said Earl to freely surrender and
upgive the said lands to the said John of Logy. Both parts of this
indenture sealed with the seal of the said Andrew, and dated Monday
before Whitsunday, [15th May] 1385, 260
40. Charter by Patrick of Grahame, Lord of Kyncardyn, with consent of his
son and heir Sir William of Grahame, knight, to Patrick of Grahame his
son, by Eufemia his wife, of his lands of Kynpunt and Yilefiston with
the pertinents, in Lothian, in the shire of Edinburgh and constabulary of
Linlithgow : To be held by him and the heirs-male of his body ; and in
case of the decease of the said Patrick without heirs-male of his bod}', the
charter destines the said lands to pass to Eobert, David, and Alexander of
Graham, brothers of the said Patrick, and the lawful heirs- male of their
bodies successively ; whom failing, to any heir-male of the bodies of the
granter and his spouse Eufemia ; whom all failing, the lands to revert to
the granter's heirs whomsoever : To be held for rendering the King's
service pertaining to the said lands, and for payment yearly to the
ABSTRACT OF MENTEITH CHARTERS. xli
PAGE
granter and his heirs of a penny of silver in the chapel of St. Peter of
Kynpimt at the feast of St. Peter ad vinculo, in name of blench farm, if
asked only. Circa 1389, 262
41. Charter of confirmation by King Piobert the Second of the immediately
preceding charter. Montrose, 26th January, eighteenth year of reign
[1389]. [Originals of Nos. 41, 42, and 43 in Logiealmond Charter-
chest], 264
42. Letters by Eobert Earl of Fife and Menteith to the inhabitants of the lands
of Stragartnay, charging them to answer and obey John of Logy as their
true and lawful lord in time to come. Perth, 2 2d March 1390, 265
43. Letters by Murdach Stewart, Lord of Apthane, justiciar north of the Forth,
certifying that he had delivered two men, named Donald Schethsoun and
Neuen Donaldson, to be tried in the court of the regality of Logy, on the
claim of John of Logy, lord of that Ilk, who produced in support of his
claim a charter by David the Second, King of Scots, dated 26th July,
in the thirty-ninth year of his reign, with a confirmation thereof by
Robert the Third, King of Scots, dated 6th October, seventeenth year of
his reign, granting to the said John the said lands of Logy in free regality.
Perth, 20th May 1392, 266
44. Charter by R,obert Duke of Albany, Earl of Fife and Menteith, to William
Olifaunte, son of Walter Olifaunte of Kelly, knight, for his faithful service
rendered and to be rendered to the granter of all his lands of Treyene-
terrafe of Kippen, in the earldom of Menteith and shire of Perth, which
lands belonged to the said Walter, and were resigned by him at Falkland :
To be held by the said William and his heirs, of the duke and his heirs,
in fee and heritage for ever, for rendering such service as Walter his
father or his predecessors had rendered to the duke and his predecessors
before the said resignation. Falkland, circa 1399, 270
45. Charter by Eufamia Stewart, Countess Palatine of Stratheryn, confirming a
charter without date, by her father, David Earl Palatine of Stratheryn
and Earl of Caithness, granting to his kinsman, Sir Eobert Stewart,
knight, for his homage and service, the lands of Buchanedy, Ladegrene,
xlii
ABSTRACT OF MENTEITH CHARTERS.
and Corp, with their pertinents, in the earldom of Stratheryn and shire of
Perth : To be held by the said Sir Eobert and his heirs, of the granter
and his heirs, in fee and heritage, for rendering the services due and 'wont.
Perth, 2d March 1400. [Original at Gartmore], 271
46. Charter by Eobert of Menteith, Lord of Eusky, granting to his dearest and
well beloved Margaret, daughter of Sir Duncan, Earl of Lennox, for her
lifetime, in name of dowry, all his lands of Ardewnane, Strathachi, and
Ardmernak, with all freedoms, easements, and emoluments, as fully con-
tained in his indentures made to the said Margaret thereupon : To be
held as freely as the granter himself held them. Inchemoryne, 29th
March 1403, 272
47. Extract Charter by Eobert Duke of Albany, Earl of Fife and Menteith
and Governor of Scotland, under his Great Seal of office, confirming
a charter by Patrick of Grahame, Earl of Strathern, with consent of
Eufamia his wife, to his kinswoman, Eufamia of Lindesay, daughter of Sir
Alexander of Lindesay, sometime Lord of Glenesk, knight, of an annual-
rent of five pounds Scots from his two towns of Kinkell, in the shire of
Perth : To be held by the said Eufamia during her lifetime, with power
to her and her deputy to distrain for the said annualrent if it were
unpaid. The charter is dated at Perth, 6th December 1406, and the
confirmation, which reserves the King's service due and wont, is dated at
Perth, 15th December 1412, 273
48. Charter by Patrick Earl Palatine of Strathern, confirming a charter with-
out date, by David Stewart, Earl Palatine of Strathern, granting to his
kinsman, Maurice of Dromund, for his faithful service, the office of
stewartship of the earldom of Strathern : To be held by him, his heirs and
assignees, with the fees and customs thereof due and wont, for rendering
a sufficient ox at Martinmas, if asked. Perth, 14th February 1408, ... 276
49. Indenture between Eobert Duke of Albany, Earl of Fife and Menteith,
Governor of Scotland, and Archibald Earl of Douglas, Lord of Galloway
and Aunandale, by which they bind themselves to support each other
against all deadly, the King only excepted : with provisions for settling
any controversies that might arise between them, or any riot amongst
ABSTRACT OF MENTFATH CHARTERS. xliii
TAGE
their men, or any rebellion or disturbance that might be caused by the
sons or brothers of either contracting party. The indenture to expire in
case the Duke should in time succeed to the estate of King, but friend-
ship still to be kept between them. Provision was also made for
admitting Eobert Stewart of Fife, Walter Stewart of the Lennox his
brother, and Archibald of Douglas and James of Douglas, sons of the
Earl, or any of them, to this band, in case they " will be gouernit eftir
the counsel ancle the ordinance of the saide lordis thair faderis." Inver-
keithing, 20th June 1409, 277
50. Contract in form of Indenture between Robert Duke of Albany, Earl of
Fife and Menteith and Governor of Scotland, and John Stewart, Earl of
Buchan and Chamberlain of Scotland, on the one part, and Sir Archibald
Earl of Douglas, Lord of Galloway and Annandale, on the other part, by
which it was agreed that the said John Earl of Buchan should marry
Elizabeth of Douglas, daughter of the said Earl of Douglas ; and that the
said parties should purchase the Pope's consent to the fulfilling of the
marriage witli all goodly haste, the Earl of Douglas becoming bound to
infeft the said John and Elizabeth, and the lawful heirs of their bodies,
whom failing, the lawful heirs-male of the body of the said John, in 200
merks' worth of land, viz., the lands of Stewartoun and Ormysheucht, in
the barony of Cunningham and shire of Ayr ; whom all failing, the lands
to revert to the Earl of Douglas and his lawful heirs whomsoever ; and
the Earl of Buchan became bound to give in dowry to the said Elizabeth
200 marks' worth of land of free rent yearly, etc. Perth, 21st July
1410. [Original penes William Fraser, Edinburgh], 281
51. Charter by Eufamia, Countess Palatine of Stratherne, in her pure and
lawful widowhood, granting to her brother Alexander the Grame, son of
Sir William, Lord of Grame, for his good and faithful service, the lands
of Calandermore and Calanderbeg, in the earldom of Strathern : To be
held by the said Alexander and his heirs and successors, of the Countess
and her heirs and successors, in fee and heritage, for ever, for rendering of
homage, service, ward and relief, and three suits at her three head courts
within Strathern. Perth, 13th July 14 14 283
xliv ABSTRACT OF MENTEITH CHARTERS.
PAGE
52. Charter by Robert Duke of Albany, Earl of Fife and Menteith and
Governor of Scotland, to William of Hay of Errol, Constable of Scotland,
of the lands of the barony of Colly, with the pertinents, in the shire of
Kincardine, which belonged heritably to William Fraser of Philorth, and
had been resigned by him : To be held by the said William Hay and his
heirs, of the King and his heirs, in fee and heritage, for ever, for rendering
the services due and wont. Falkland, 14th May 1415, 285
53. Precept by Murdach Duke of Albany, Earl of Fife and Menteith, Governor
of Scotland, to William Bishop of Glasgow, Chancellor of Scotland,
directing that a charter be made under the Great Seal in favour of William
Lord of Grahame, of the barony of Dundaff in the shire of Stirling, and
the superiority of the lands of Kynpont, Elotstoun, Cliftoun, and Poum-
fraystoun, in the constabulary of Linlithgow and shire of Edinburgh.
Stirling, 8th January 1421, 286
54. Charter by Murdach Duke of Albany, Earl of Fife and Menteith, under his
Great Seal of office, to his kinsman, William Lord of Grahame, knight, of
the lands of the barony of Dundaf with the pertinents, in the shire of
Stirling ; also of the superiority of all the lands of Kynpunt, Elotstoun,
Clyftoun, and Ponfraistoun, with the pertinents, in the constabulary of
Linlithgow and shire of Edinburgh, which lands and superiority belonged
to the said Lord of Grahame, and were resigned by him : To be held by
the said William Lord of Grahame and Patrick of Grahame, son and heir
of the deceased Alexander of Grahame, son and heir of the foresaid Lord
of Grahame, and the heirs-male of his body ; whom failing, by Alex-
ander of Grahame, second son of the said deceased Alexander, and the
heirs-male of his body ; whom failing, by John of Grahame, son of the
foresaid William Lord of Grahame, and the heirs-male of his body; whom
failing, by Eobert of Graham, son of the said William Lord of Grahame,
by his second spouse, Marion Countess of Angus, the granter's kinswoman,
and the heirs-male of his body ; whom failing, successively by Patrick,
William, Henry, and Walter, second, third, fourth, and fifth sons of the
said William and Marion, and the heirs-male of their bodies ; whom all
failing, the lauds and superiority to revert to the nearest lawful heirs-male
ABSTRACT OF MENTEITH CHARTERS. xlv
PACE
of the said William Lord of Grahame, whomsoever, bearing the surname
and arms of Grahame, of the King and his heirs, in fee and heritage,
for ever, for rendering the services due and wont ; reserving to the fore-
said Marion Countess of Angus her conjunct fee and reasonable terce, of
the said lands. Stirling, 8th January 1421, 288
55. Charter by John Steuart, Earl of Buchan, Constable of France, and
Chamberlain of Scotland, to Sir Murdach Duke of Albany, Earl of Fife
and Menteith and Governor of Scotland, his lord and brother, of the
lands of Drippis, Bad, Cambusdreny, and Westwod, in the barony of
Kincardine and shire of Perth : To be held by the said Sir Murdach and
his heirs and assignees, of the Baron of Kincardine and his successors, in
fee and heritage, for rendering the services due and wont. Stirling, 28th
January 1423, 291
56. Precept by Walter Earl of Athole and Caithness, as tutor of Malise Earl
Palatine of Strathern, directed to Alexander Loutfute, mair of Strathern,
for infefting Patrick of Grahame as heir of Alexander of Grahame his
father in the lordship of Kincardin, namely, Kincardin, Foswell, Clone,
Koule, and the third part of Nethir Prony and Over Prony with the
pertinents, and Wester Bardrale, Calandermore, and Calanderbeg with the
pertinents, in the regality of Strathern, which were held in chief of the
foresaid Earl, namely, Kincardin, Foswel, Clone, Koule, and the third part
of Nether Prony and Wester Bardrale in blench farm, and Calandermore
and Calanderbeg in ward and relief. Given under the granter's seal as
tutor, at Methfen, 10th November 1424, 292
57. Charter by King James the First, under the Great Seal, to Malise Earl of
Menteith, of the lands of Craynis Easter, Craynis Wester, Craguthy
Easter, Craguthi Wester, Glasswerde, Drumlaen, Ladarde, Blareboyane,
Gartnerthynach, Blareruscanys, lands of the Forest of Baith, the Sidis of
Lochcon, lands of Blaretuchane, Marduffy, Culyngarth, Fresefleware, Bose
with the Cragmuk, Inchere, lands of Achmore, with the Port and the
Inche, and many other lands in the shire of Perth, which the King-
constitutes and of new erects into the free earldom of Menteith, reserving,
however, to himself and his successors, the other lands which belonged to
/
xlvi ABSTRACT OF MENTEITH CHARTERS.
the said earldom before the present grant, which are not contained in the
present charter : To be held by the said Malise and the heirs-male of his
body, whom failing, to revert to the King and his successors, of the
King and his heirs, in free earldom, fee and heritage, for ever, for rendering
yearly three suits of court at three head pleas to be held at Perth, and
ward, relief and marriage when they occurred, with the services due and
wont. Edinburgh, 6th September, twenty-second year of reign, [1427,] 293
58. Charter by Malise Graham, Earl of Menteith and Lord of Kynpunt, to his
kinsman, James Lord Hamilton, knight, and Eufamia his spouse, the
granter's sister, for his service and aid, of the lands of Elaston, in the
lordship of Kynpunt, constabulary of Linlithgow, and shire of Edinburgh :
To be held by the said James and Eufamia, and the survivor of them,
and the lawful heirs-male of their bodies, whom failing, the lawful and
nearest heirs of the said James or his assignees, of the grantor and his
heirs, in fee and heritage, for payment of a penny Scots in name of blench
farm yearly, if asked only. Castle of Bothuile, 17th December 1453,... 295
59. Charter by King James the Third, under the Great Seal, whereby, for the
special favour he bore to his kinsman, Malise Earl of Menteith, and for
provision to the King and his lieges at the head of Menteith in the hunt-
ing season and at other times, he erects the town of Port in Menteith
into a free burgh in barony : To be held by the said Malise and his
successors, and the inhabitants of the same, with all the liberties belong-
ing thereto, in all time coming. Edinburgh, 8th February 1466, 297
60. Notarial Transumpt, made 10th May 1467, of the retour of the service
before the Sheriff-depute of Linlithgow, of William Lord Grahame, as
heir of his father Patrick Lord Grahame, in the lands of Kynpont and
Carloury, in the shire of Linlithgow, which lands of Kynpont were then
valued at 40 merks, and in time of peace at £20, and were held in chief
of the crown, blench, for payment of a penny of silver yearly, at the
Feast of the Nativity, if asked only ; and the lands of Carloury were then
valued at ten merks, and the same in time of peace, and were held in
chief of the Lord Preceptor of Torphichen, blench, for payment of nine
shillings yearly ; and all the lands had been in the hands of their
ABSTRACT OF MENTEITH CHARTERS. xlvii
PAGE
respective superiors for five weeks, through the death of the said Patrick.
Linlithgow, 2d May 1467, 298
61. Grant by King James the Third of Scotland to James of Menteith and his
heirs, heritably, of the lands of Kadnoch, extending to £10 yearly, lying
in Menteith, in the shire of Perth, as a reward for the slaughter of
Patrick Stewart, the King's rebel: To be held for payment of £10
yearly to the King and his successors, in name of feu-farm. Given
under the Privy Seal, at Edinburgh, 18th December 1473, 300
62. Instrument of Sasine, following on a precept from William Lord Euthven,
Sheriff of Perth, in favour of Alexander Grahame, Earl of Menteith, as
heir of his grandfather, Malise Grahame, Earl of Menteith, in the earldom
of Menteith. Sasine given on the shore of the Lake of Inchmahome,
between the said lake and Coldon, 6th May 1493, 301
63. Bond between King James the Fourth and John Earl of Athol, William Earl
of Errol, William Lord Graham, Alexander (Grahame), Earl of Menteith,
John Lord Drummond, William Lord Kuthven, and others, whereby they
bind themselves to the King to keep all persons dwelling on their lands
from theft, reset of theft, oppression, reset of rebels, and other offences,
promising to enter any guilty of such crimes at the justice-ayre of Perth,
etc. Perth, 27th May 1501, 303
64. Bond between James Earl of Arran, Lord Hamilton, and Alexander
(Graham), Earl of Menteith, by which they bind themselves mutually to
supply, maintain, and defend each other in all their lawful and honest
quarrels, and to take each other's part when required. Edinburgh, 20th
November 1503, 306
65. Obligation by Alexander (Graham), Earl of Menteith, to William Earl of
Montrose, Lord Graham, etc., who had bound himself to the Earl of
Menteith to warrant and defend the latter's lands of Kynpunt and
Elastoun from recognition and all process of forfeiture that might be
led against them by the King, the said lands being held blench of the
Earl of Montrose ; the said Alexander becoming bound to deliver back
the writ of obligation when the holding of the lands was made secure
in manner therein described, etc. Edinburgh, 14th February 1508, ... 307
xlviii ABSTRACT OF HENTEITH CHARTERS.
PAGE
66. Charter by Alexander (Graham), Earl of Menteith, granting to John
Colquhoun of Luss, knight, for a certain sum of money, the lands
of the two Craance, extending to a ten pound land of old extent, and
the lands of Cragwchte, extending to a five pound land of old extent, in
the earldom of Menteith and shire of Perth : To be held by the said
John, his heirs and assignees, of the Earl and his heirs, in fee and
heritage, for ever, for payment of a penny yearly in name of blench farm,
ifaskedonly. Eosdow, 13th July 1512, 309
67. Precept granted by William Earl of Menteith, Lord of Kinpont and
superior of the lands of Elastoun, for infefting James Earl of Arran,
Lord Hamilton, as son and heir of James Earl of Arran his father, in the
lands of Elastoun, in the lordship of Kynpont, constabulary of Linlithgow,
and shire of Edinburgh. Edinburgh, 14th May 1539, 311
68. Commission by Mary Queen of Scots, appointing John Earl of Menteith
her justiciar within the stewartry and earldom of Menteith, for trying
persons accused of theft, reset of theft, fire raising, sorning, etc. ; and
empowering him to hold courts, put accused persons to the knowledge of
an assize, etc., provided none were brought to an assize unless the Justice-
Clerk or his depute were present, — the commission to last for three
months. Given under the Great Seal, at Edinburgh, 16th August 1554,
on a signature subscribed by Mary, Queen-Dowager, Eegent, 313
69. Letters of Admission and Collation by Mr. John Wynram, styled
superintendent of Strathern and Menteith, for admitting Malise Graham
to the vicarage of Aberfoyle, in the diocese of Dunblane, to be reader in
the kirk there. St. Andrews, 10th July 1573, 315
70. Bond between John Earl of Menteith and Malcolm MacPharlane, fiar of
Gartauartane, by which the Earl binds himself to maintain and defend
the said Malcolm and his heirs, and to take his part against all persons
except the King, his Lordship's chief, his Lordship's house, and the name
of Graham ; and the said Malcolm becomes bound to assist the Earl with
leal arid true service, with all he can command of the name of MacPharlane,
against all persons except the King, the Duke of Lennox, and his chief,
ABSTRACT OF MENTEITH CHARTERS. xlix
PAGE
and to travel diligently to bring home any goods that should be taken
from the said Lord or his country. Downance, 6th March 1597, 316
71. Commission by King James the Sixth to William Earl of Menteith,
appointing him his justice within the earldom of Menteith. Given under
the Signet, at Edinburgh, 15th February 1621, 318
72. Letters by Adam Bishop of Dunblane, whereby, in consideration that William
Earl of Menteith had, of his free will, engaged to provide a stipend for a
minister at Aberfoyle, and to make the manse and glebe void of their
present possessors, he dissolves the patronage of the kirk of Aberfoyle, par-
sonage and vicarage thereof, from the bishopric of Dunblane, that the right
thereof might be established in the person of the said Earl, and appoints
procurators for resigning the said patronage in the King's hands or the
hands of the Privy Council of Scotland, and surrendering the same in
the Earl's favour. Logie, 17th September 1622, 320
73. Patent by King Charles the First, narrating that William Earl of Menteith
had been retoured heir of David, sometime Earl of Strathern, son of
King Robert the Second, to whom his father, by two charters, one
dated at Edinburgh, 19th June, and the other at Perth, 3d July, both in
the first year of his reign, disponed the earldom of Strathern ; and that
though the said Earl of Menteith had good right to the said earldom of
Strathern, yet he, through regard for the King's sacred person, had, by
letters of renunciation, dated 20th January 1630, and registered 2d March
following, renounced all right he had to the said earldom of Strathern
in favour of the King and his successors ; reserving the lands and barony
of Kilbride and others, and with express provision that the renunciation
should not be prejudicial to the Earl and his foresaids in their rights and
dignity of blood as heir of line to the foresaid David Earl of Strathern, etc.
Wherefore the King ratifies and approves the said honour, dignity, and
place of Earl to the said William Earl of Menteith and his foresaids, and
ordains the said William Earl of Menteith and his heirs-male and of tailzie
in the earldom of Menteith to be styled Earls of Strathern and Menteith
in all time coming, with rank and precedency granted to the said David
Earl of Strathern in the two charters made to him by his father, King
Robert the Second, etc. Oatlands, 31st July 1631, 323
ABSTRACT OF INCHMAHOME CHARTERS.
CHARTERS OF THE PRIORY OF INCHMAHOME.
PAGE
74. Letters by William Bishop of Glasgow and Galfrid Bishop of Dunkeld, in
which they recount the receipt of a mandate directed to them from Pope
Gregory [Ninth] regarding the wretched state of the church and diocese
of Dunblane, and the means to be used for amending the same, dated at
Viterbo, 3 Ides of June, eleventh year of pontificate [11th June 1237] ;
on receipt of which, the Bishops having called the Bishop of Dunblane
and Walter Gumming, Earl of Menteith, into their presence, the said
Bishop and Earl submitted to their decision regarding all the contentions
and quarrels between them. The said Bishops ordain the Bishop of
Dunblane to renounce all right he had in the lands or moneys received
from the lands, the church dues and pence annually uplifted from the
churches of the earldom of Menteith, in which the said Earl had the
right of patronage ; further, that it should be permitted to the said Earl
and his successors to build a house for religious men of the order of
St. Augustine in the Isle of Inchmaquhome, without opposition from the
Bishop : assigning also by grant of the said Earl, with assent of the said
Bishop, the churches of Lanyn and the said isle to the said religious
men, reserving the episcopal dues ; ordaining, further, that the said Earl
should assign the church of Kippen as a perpetual canonry to the church
of Dunblane, reserving to himself and his heirs the right of presentation.
Perth, 1st July 1238, 32G
75. Lease by Andrew, Prior of Inchmahome, with consent of the chapter, to
his servitor Andrew Stewart and Elizabeth Maistertoun his spouse, of
the lands of Drumlanniklocht, with 20s. worth of the lands of Arni-
clerycht, in the barony of Cardross and shire of Perth, for the term of
nineteen years, for the payment of 50s. Scots of yearly maill. Inch-
mahome, 16th April 1526, 329
7 6. Discharge by Mary Queen of Scots, whereby, in consideration that, in the
Parliament held in the Abbey of Haddington on the 7th July instant,
it was advised and ordained by the Queen-Mother, James Earl of Arran,
ABSTRACT OF INCHMAHOME CHARTERS.
tutor and Governor, and the three Estates, that the Queen should be con-
tracted with the Dauphin of Prance ; and the Queen-Mother and Governor
and Lords of Council having determined the Queen should be sent to
France, and understanding the faithful service done by John Lord
Erskine and Alexander Lord Livingstone, specially in the faithful keeping
of the Queen's person, have ordained them to set out with the Queen
from the Castle of Dumbarton and pass to France ; and though the said
Lords Erskine and Livingstone in the previous September, soon after the
field of Pinkiecleuch, when the Queen was transported from the Castle
of Stirling to the Isle of Inchmahome, the Queen-Mother, Governor, and
others being there also, had received discharges of all further keeping of
the Queen, which are hereby ratified : Therefore the Queen now exoners
and discharges the said Lords of all obligations, acts, contracts, etc., by
which they were bound to have kept the Queen. Given under the
Privy Seal, and subscribed by the Queen-Mother, the Governor, and Lords
of Council, at Lethington, 20th July, sixth year of reign [1548], 331
77. Lease by John [Erskine], Commendator of Inchmahome and Convent
thereof, to Alexander Mentetht in Polmonthtmyln and his sons, of the
lands and steading of the Lochend, for nineteen years, for a yearly rent
of 43s. 4d. Scots, with arriage, carriage, and service used and wont.
Inchmahome, 29th July 1548, 333
78. Bull by Pope Paul Fourth, conferring the Priory of the Monastery of Inch-
mahome on David Erskine, clerk of the diocese of St. Andrews, which
priory had been held by John Erskine in commendam, and had, through
his procurator, been resigned by him in the Pope's hands, who now grants
it to the said David in consideration of his good endowments and of a
request by Mary Queen of Scots to that effect, reserving an annual pension
to Andrew Ballou, canon of the monastery, etc. The letters are directed
to the Bishops of Feltre, Orkney, and Dunblane, who are charged to
induct the said David Erskine to the office. Kome, 10th January 1555, 335
79. Form of Oath taken by David Erskine, Commendator of the Priory of the
Isle of St. Colmoc of Inchmahome, of the order of St. Augustine, in
lii ABSTRACT OF INCHMAHOME CHARTERS.
which he swears to be faithful to St. Peter and the Eoman Church,
not to give away, feu, or alienate the possessions of the priory without
consulting the Roman pontiff, etc. 1556, 339
80. Bull by Pope Paul Fourth, granting to David Erskine the monastery of
St. Mary of Dryburgh, of the Premonstratensian order, of the diocese of
St. Andrew, to be held by him in commendam, along with the conven-
tual priory of St. Colmoc of Inchmahome, etc. ; and directing the Arch-
bishop of Glasgow, the Bishop of Dunkeld, and Official of Paris, or any
two of them, to take his oath of fidelity. Rome, 17th July 1556, 341
81. Instrument of Process following on the Bull by Pope Paul the Fourth, in
favour of David Erskine, of the Priory of Inchmahome, by Thomas
Campegio, Bishop of Feltre, judge specially deputed by the apostolic see,
directed to the Bishop of Dunblane, narrating that he had received the
Pope's Bull in favour of David Erskine (No. 78; supra), and hereby
charging to induct and invest the said David Erskine in the priory of the
monastery of St. Colmoc of Inchmahome, of the order of St. Augustine
canons-regular of the diocese of Dunblane, and intimating the same to the
Bishop of Dunblane and all concerned, and requiring and charging them,
within six days after intimation hereof, to place and induct the said David
in real possession of the said priory, and admit him thereto, under
pain of excommunication, etc. Rome, 5th December 1 556, 343
82. Charter by David, Perpetual Commendator of the Monastery of Inchmahome,
with consent of the chapter, granting to John Lord Erskine and his
heirs-male, whom failing, to his heirs and assignees whomsoever, the
lands of Boirland, called the mains of Cardross, in the shire of Perth : To
be held by him in feu- farm and heritage for ever, for payment of ten
marks of rental yearly, with five marks yearly of augmentation, and a
duplicand on the entry of an heir. The Monastery, 8th August 1562,... 349
83. Charter by David, Perpetual Commendator of the Priory of Inchmahome
and Convent thereof, granting to John Lord Erskine, his heirs-male and
assignees, the office of bailie of the barony of Cardross, and all the other
possessions of the priory, and assigning for the execution of said office the
feu-ferme rents and duties of the lands of Arnepriour, Cardene, Kepe, and
ABSTRACT OF INOHMAHOME CHARTERS. liii
PAGE
others, extending in the old rental yearly to £65, 9s. 4d. Scots ; which
office of bailiery formerly belonged heritably to James Erskine of Little
Saucliy, brother of John Lord Erskine, last deceased, and was resigned by
him in favour of the said John Lord Erskine : To be held of the granter
and his successors, in fee and heritage for ever, for due service in holding
courts of the barony, etc., with precept of sasine, etc. The Monastery of
Inchmahome, Sth August 1562 353
84. Instrument of Sasine following on the precept contained in the foregoing
charter. 18th August 1562, 357
85. Charter by David [Erskine], Perpetual Commendator of the Monastery of
Inchmahome and Convent of the same, confirming a charter, dated at
Edinburgh, 5th October 1560, by Alexander Erskine of Cangloir, feu-farmer
of the lands underwritten, selling and alienating to John Lord Erskine,
his brother-german, and the heirs-male of his body, whom failing, to his
lawful and nearest heirs-male whatsoever, the lands of Arnepriour, Gardene,
Kepe, Wester Poldoir, Eistir Poldoir, Gartcledyny, and others in the shire
of Perth, in return for the half of the lands of Cambusbarron, in the shire
of Stirling, and the lodging or tenement of the said Lord, with garden and
pertinents, lying in the burgh of Stirling, and also for the sum of £2000
Scots : To be held by the said John Lord Erskine and his foresaids, from
the granter and his heirs, of the commendator or prior of Inchmahome
and convent thereof, in feu-farm and heritage for ever, for payment of the
usual maills, profits, and duties. Monastery of Inchmahome, 12th August
1562, 359
86. Letter by David [Erskine], Commendator of the Abbeys of Dryburgh and
Inchmahome, with consent of the Convents thereof, granting to John
Lord Erskine, for the manifold good deeds done by him, and his defence
and protection of the said abbeys, a yearly pension of 500 merks out of
the rents of the same ; and assigning to him, in security, the fruits of the
kirks of Gulane, Chyudilkirk, Pencaitland, pertaining to the Abbey of
Dryburgh, and of the kirk of Luntrethen, with the teindsheaves of the
lands of Bordland, pertaining to the Abbey of Inchmahome. Castle of
Edinburgh, 31st December 1562, 362
9
liv
ABSTRACT OF 1NGHMAH0ME CHARTERS.
87.
88.
89.
Lease by David Erskine, Commendator of Inclmiahome, granting to James
Seittoun of Tullibody and John Seittoun his son, for their lifetimes, and
to the heirs of the said John for nineteen years thereafter, the teindsheaves
and emoluments of the parsonage of the parish church of Lanye, in the
diocese of Dunblane and shire of Perth, for payment of 80 merks yearly.
Cardross, the day of 1583,
364
Lease by David, Commendator of Inchmahome and Convent thereof, granting
to Michael Elphingstoun, domestic servitor to the King, the teindsheaves
of the lands of Gartincaber, Wester Spittiltoun, Murdochstoun, Ballintoun,
and M c Corranestoun, in the parish of Kilmadok, stewartry of Menteith,
and shire of Perth, for his life, and to his heirs for nineteen years, at a
yearly rental of £9, 6s. 8d. Scots. Cardross, 20th April 1587, 365
Kental of the feu-duties of the Priory of Inchmahome. Circa 1640.
[Original penes William Fraser, Edinburgh], 368
lv
ABSTRACT OF APPENDIX
I.— PAPERS RELATING TO QUEEN MARGARET AS LIFERENTRIX OF
THE LORDSHIP OF MENTEITH, THE CASTLE OF DOUNE, ETC.
PAGE
90. Obligation by William Edmonstone of Duntreath, John of Stirling of the
Keir, knight, George Shaw of the Knokhill, and Richard Lekky of that
Ilk, binding themselves to Margaret, Queen of Scots, for the safe keeping
of the castle and place of Doune in Menteith, pertaining to her Highness
by reason of conjunct fee, to be ready at all times to receive her Highness,
and the King her son, in the castle at her pleasure, she and the King
paying their own expenses during the time of their stay ; and that until
the said William Edmonstone or Archibald his brother, who had tacks of
the said castle and place, came to their perfect age of twenty-one ; also,
that no man of great authority or great clan should have the keeping of
the castle under them, and no trespassers or broken men should be received
into it ; also to cause her Highness's chamberlains of her lordship of Men-
teith to be readily answered and paid all maills, etc., of the said lordship,
if Walter Buchanan failed in the inbringing of the same, and to cause
them be paid to her Highness at the castle of Stirling, with power to
the Queen, in case of failure of the said William or Archibald to keep
the castle, or to fail in payment and inbringing of the maills, to dispose
of the castle as she should think expedient, and apprise the lands and
goods of the foresaid persons, for the sums that should remain unpaid.
Signed and sealed at Dunblane, 29th September 1520, 369
91. Charge by Margaret, Queen of Scots, to Thomas Robeson, to pass and
command William Edmonstone of Duntreath, keeper of the castle of Douue,
whither the Queen intended to go and remain for some time, to make
ready for receiving her, according to his bond made to the Queen there-
anent, and under the pains contained therein. Stirling, 4th July 1525, 371
The execution indorsed on the charge by the messenger, states that on the
same day he passed to the said William Edmonstone, and delivered the
lvi
ABSTRACT OF APPENDIX.
charge, desiring him to make ready the castle to receive the Queen, and
that he replied that he would receive herself and her gentlewomen, but
would not receive her servants ; on which the messenger declared to him
that her grace would not come there without servants corresponding to
her rank. 4th July 1525, 371
92. Decree by the Lords of Council, anent letters raised by the Queen's grace
against William Edmonstone of Duntreath for intromitting with her castle
and place of Doune in Menteith, and refusing to allow the Queen or her
servants to intromit with the same, and a charge given to him to deliver
up the same within forty-eight hours, under the pain of rebellion and
putting of him to the horn, or else to appear before the Lords and show
a reasonable cause why he should not be put to the horn. The Lords on
non-compearance direct letters against the said William Edmonstone, and
all other withholders of the castle and place of Doune, to deliver the same
to the Queen, or her factors, within forty-eight hours after being charged
to do so, under the pain of rebellion. Edinburgh, 11th July 1527, 372
93. Warrant and Charge under the Signet, subscribed by King James the Fifth,
by which he commands William Edmonstone of Duntreath to deliver the
castle of Doune in Menteith to the Queen his mother, or to her factors,
within twenty- four hours after being charged thereto, according to the
decree of the Lords of Council in favour of her Highness, and certifying
him that if he failed so to do, the King would come in person and take
his house from him, to his displeasure. Edinburgh, 20th August 1527, 373
The execution states that, on the 24th of August 1527, Alexander Carmaig,
messenger, passed at the Queen's command to the castle gate of Doune,
and delivered the said warrant of the King to William Edmonstone of
Duntreath, and desired an answer in writing, who said that he would
obey the King in all things, and bear his answer to his grace himself, ... 374
94. Sentence by the Lords of Council, refusing to relax William Edmonstone
of Duntreath from the horn, or give him opportunity to pursue the
summons raised by him for retractation of a decree obtained by the
Queen against him, till such time as he obeyed the said decree. Edin-
burgh, 28th August 1527, 375
PAGK
95. Letters of Suspension under the Signet, subscribed by King James the Fifth,
suspending his other letters releasing William Edmonstone from the process
of horning led agaiust him by the Queen, for non-delivery to her of
the house and castle of Doune in Menteith, and annulling the same,
because they were procured on wrong information, and ordaining the first
letters obtained by the Queen, by which the said William Edmonstone
was put to the horn, to have effect until they be reduced ; charging the
messenger to inform the said William thereof, and of new to denounce him
rebel and put him to the horn, and charge the lieges, by open proclama-
tion at the burghs of Perth, Stirling, Dumbarton, and Linlithgow, not to
assist or intercommune with the said William so long as he remained
rebel. Falkland, 20th October 1527, 375
96. Commission by Margaret, Queen of Scotland, conjunct-fiar of the lands and
lordship of Menteith, constituting James Stewart, brother-german of
Andrew, Lord Avandale, her steward of the lordship of Menteith, and
captain of the castle of Doune, for her lifetime, with all the profits and
emoluments that William Edmonstone, last steward and captain of the
same, enjoyed, and also appointing the said James chamberlain in the
lordship of Menteith, with power of appointing deputies under him, and
constables in the castle of Doune. 1527, 376
97. Notarial Instrument, narrating the proceedings at the Stewartry Court of
Margaret, Queen of Scotland, and Henry Stewart her spouse, held at Doune
in Menteith by Robert Callendar of Maner, their bailie in that part, on
the 6th day of August 1528, whereby the bailie, with advice of his
assessors, decerned the letter of tack made by the Queen to William
Edmonstone of Duntreath, of the captainry of the castle of Doune and
certain lauds in the lordship of Menteith, to be expired and forfeited to
the Queen, because the said William Edmonstone had bound himself to
receive the Queen within the foresaid castle, and to bring in all maills and
duties of her lands of Menteith, failing which, the tack to be expired,
according to his letters of obligation read before the bailie ; and the said
William had refused to receive her Grace within her said castle, and
failed in paying the maills of the lands of Cultintogill, Brokland, Balmoris,
lviii ABSTRACT OF APPENDIX.
PAGE
Myltoun, Calzebuchquhalze, Bra of Canimys, and Ward of Gwdy, in the
lordship of Menteith, occupied by the said William, and id inbringing of
the maills of the lands of Duchray, occupied by George Buchanan of that
Ilk, Corryquhrumby, occupied by Duncan Walterstoun, and other lands,
extending in all to ,£248. After the delivery of this decree, John
Edmonstone in Cammysmore protested on behalf of the said William
Edmonstone that nothing now done by the foresaid bailie should turn to
his prejudice, and Mr. Bobert Galbrath, procurator for the Queen and
her spouse, in their presence declared himself ready to admit the said
John Edmonstone, or any others, to defend the said action on the part
of the said William Edmonstone, on showing a sufficient mandate,
and further, offered to give assurance to the said William, or any in his
name, to compear and defend their action, and protested that the said
William could not allege hereafter that he or his friends could not defend
this action through want of assurance from the Queen and her husband.
Thereafter James Stewart, brother of Henry Stewart, exhibited a Crown
charter, dated at Edinburgh, 14th July 1528, granted to him by the
King, with express consent of the Queen aforesaid, of the keeping and
captaincy of the Castle of Doune, with the office of steward of Menteith,
for his lifetime. Which charter the Queen received into her hands, and
ratified the same with consent of her said spouse, and entered and receivetl
the said James Stewart into the said offices, and in open Court charged
the tenants and inhabitants of the lands and lordship of Menteith to
obey him as undoubted captain of the castle of Doune, and steward of
Menteith. Done in the public Court of the Stewartry of Menteith,
near the Castle of Doune, in presence of James, Earl of Moray, Andrew,
Lord Avandale, Archibald Campbell, Master of Argyll, Sir John Stirling
ofKeir, knight, and others, 6th August 1528, 378
98. Commission by King James the Fifth to James Stewart, Captain of the
Castle of Doune and Steward of the Stewartry of Menteith, giving him
power to use the office of stewartry aforesaid, according to the King's gift
under the Great Seal. Given under the Quarter Seal, at Stirling, 8th
August 1528, 383
QUEEN MARGARET AND DOTJNE CASTLE.
99. Commission by Margaret, Queen of Scotland, conjunct-fiar of the lands and
lordship of Menteith, with consent of Henry Stewart of Methven her
spouse, making and constituting James Stewart, his brother-german,
steward of the lordship of Menteith and captain of the castle of Doune
for his lifetime, his entry thereto being at the date of this present writ,
with certain lands pertaining to the captaincy and keeping of the
castle, viz., the lands of Easter Frew, Middle Frew, Wester Ergady.
Drumcamsy and Bellekeraucht, Kerss of Cammyss, Mill and Cruives of
Doune, fishings of the Lochs and Stanks of Lugnok, Lochbanaquhare and
Gudy, with all other profits that by use and wont formerly pertained to
William Edmonstone of Duntreath, last steward and captain of the said
lordship and castle, with power to select deputies and appoint constables
for the keeping of the castle, and appointing him also to be chamberlain
of the lordship of Menteith. Signed by the Queen and Henry, Lord
Methven , and sealed at Stirling, 1st September 1528, 384
100. Grant by Margaret, Queen of Scotland, appointing the said James Stewart
to be her steward of the lordship of Menteith, captain of the castle of
Doune, and chamberlain of the lordship of Menteith, in terms similar to
the former commission, but stating the duties more in detail. Signed
and sealed at Stirling, Sth September 1528 386
101. Notarial Instrument, narrating that in the presence of Margaret, Queen of
Scotland, and others, after the completion of an agreement between
the said Queen Margaret and Henry Stewart, Lord of Methven, her
husband, on the one part, and William Edmonstone of Duntreath on
the other part, James Stewart, captain of Doune in Menteith, and the
said William Edmonstone, conferring with each other anent a perpetual
friendship to be established between them, the said James showed that
he had a letter of lease from the Queen, of certain lands that the said
William formerly held on lease, in the stewartry of Menteith, and a Crown
charter of the keeping of the castle of Doune, with certain lands specified
in it, and the office of Steward of Menteith, and craved the good-will
and ratification of the foresaid William Edmonstone in regard to the
writs, who affirmed the same, saying he was well content with them.
Ix ABSTRACT OF APPENDIX.
PAGE
and shook hands with the said James as his special friend ; and the said
James on his side promised friendship to the said William to the extent
of his ability. Done at the Castle of Doune, 23d September 1528, 389
102. Precept by Margaret, Queen of Scotland, to warn her tenants, feuars, and
tacksmen of the lordship of Menteith to compear in the bailie court of
the lordship, to be held in the Tolbooth of Edinburgh, 9 th April following,
proclamation to that effect being made at the parish churches ; also to
warn William Edmonstone of Duntreath, at his dwelling-place of Cambus
Wallace in Menteith, to appear the said day and place. Subscribed by
the Queen and Henry, Lord Methven, 1 2th March 1529, 391
103. Precept by Margaret, Queen of Scotland, subscribed by her and Henry, Lord
Methven, her husband, to warn and charge William Edmonstone of
Duntreath and all other intromitters to remove from the lands and houses
of the Miltoun of Cammus, Bra of Cammus, Ward of Gudy, Newtoun of
Doun, Ballemorist, Cailzeboquhailze, Brokland, Cultentogill, Brigend,
Wester Dowar, Grodicht, Achinherd, and Markland of Glenman, in the
lordship of Menteith and shire of Perth, which pertained to the Queen in
conjunct-fee. Edinburgh, 12th March 1529, 392
104. Decree by the Lords of Council in the action at the instance of William
Edmonstone of Duntreatli and James Edmonstone, against James Stewart,
captain of Doune, and Bartilmo Balfour, for spoliation and taking away
from the said William Edmonstone, in the month of March previous, of 2
chalders of oats from the lands of Myltoun of Cammis, 24 bolls of oats
from the lands of Newtoun of Doune, and from the said James Edmon-
stone, 3 chalders of oats from the lands of the Bray of Cammis. The
Lords absolve the defenders from the petition and summons of the pursuers,
and acquit them thereof in time to come. Perth, 6th December 1530, 393
105. Extract Agreement between James Stewart of Menteith and William
Edmonstone of Duntreath, for avoiding of a lawsuit, cost, and expenses of
both parties in regard to the right to the stewartry of Menteith and
.captainship of Doune in Menteith, claimed by the said James to pertain
to him heritably in feu-farm, and by the said William by reason of gift
and lease during the Queen's lifetime. The articles of agreement are : —
AGREEMENT : EDMONSTONES AND STEWART. Ixi
PACE
The said James becomes bound to resign in the hands of the King, before
Christmas next, the 5 pound lands of the Bray of Cambus, the 5 pound
land of the Mylton of Cambus, with mill of the same, the half of
the lands of Brokland Estir, extending to five merks worth of land, then
occupied by Ewin Mackvaa, the four merk land of Ballemorist, the 40s.
land of Calzeboquhalze, and the 40s. land of the Ward of Gudy, extend-
ing in all to 20 pound land of old extent, in the stewartry of Menteith and
shire of Perth, in favour of the said William Edmonstone of Duntreath, his
heirs and assignees, and obtain a signature of donation and gift of the
foresaid lands, to be held by the said William and his heirs heritably in
feu-farm, with consent of the Queen's grace. And the said William on
his part binds himself to renounce all right or claim to the stewartry
of Menteith, the captainship of the castle of Doune in Menteith, and the
following lands that belonged to it, viz., the castle of Doune, the mains
thereof called Drumeamse, and Calkerauche, the Kers of Cammis, the
Newtoun of Doune, Wester Argade, the 10 pound land of Frews, lands
of Cultintogill, Wester Brig, lands of Grodeth, Dowart, Auchinhard,
merkland of Glenmany, Mill of Doune, with cruives and fishing thereof,
keeping of the forests, and all other lands or profits whatsoever ; and
engages to cause Archibald Edmonstone his brother renounce his claim in
like manner ; and engages himself to take part with Henry, Lord Methven,
and the said James in all their lawful actions, etc. All to be observed
under the penalty of £2000 Scots. Dated at Edinburgh, 10th November,
and recorded 1st February 1531, 394
106. Extract from the Acts of Council, bearing that Archibald Edmonstone, brother
to William Edmonstone of Duntreath, compeared before the Lords of
Council, and gave his consent to the foregoing bond and agreement in all
points, and gave over all right he had to the stewartry of Menteith or
captainship of the castle of Doune, etc. Edinburgh, 9th February 1531, 400
107. Commission by Archibald, Earl of Argyll, having power under a commission
dated at Perth, 18th March 1563, to convocate the Queen's lieges in the
shires of Argyll, Tarbert, Dumbarton, Bute, and others, for searching for
and apprehending the Clan Gregor, " rebellis and malefactouris," appointing
h
lxii ABSTRACT OF APPENDIX.
PAGE
John, Earl of Menteith, and James, comniendator of St. Colm, Steward
of Menteith, his deputes in that part, with authority to charge the
inhabitants of the stewartry, earldom, and whole country of Menteith,
as well of lands belonging to the Lairds of Glennegyis, Merchistoun, and
others within the bounds thereof, annexed to the shires of Dumbarton
or Perth, and of Bouchquhidder, or any part thereof, to convocate the
inhabitants for searching for the Clan Gregor, bringing them to justice,
or pursuing them out of the said bounds, and charging the inhabitants to
pass forward with the said deputes when summoned to do so, under .pain
of punishment at law. Stirling, 26th March 1564, 401
108. Discharge by Mary, Queen of Scots, to Sir James Stewart of Doune, knight,
in part recompense of his expenses incurred in her service in France
and repairing of the castle of Doune in Menteith, granting to him the
feu-maills, etc., of the lands of Ooldochis, Kep, and others in the lordship
and stewartry of Menteith, pertaining to the Crown, for the years 1560-66,
and till the Whitsunday term 1567, and discharging him of the same.
The Queen also remits and discharges in his favour the third of his benefice
of St. Colm's Inch for all years resting unpaid. Edinburgh, 9th April 1567, 403
109. Missive Letter by King James the Sixth, subscribed by John, Earl of Mar,
Regent, directing his messengers to charge Sir James Stewart of Doune,
knight, Steward of Menteith, to present Duncan Makalester, taken prisoner
and then in the hands of the said Sir James,, for murders committed by
him, before the Regent and Lords of Secret Council at Stirling, the second
day after being thus warned, to be examined by them concerning certain
matters touching the common weal. Stirling, 25th December 1571, ... 404
110. Warrant by King James the Sixth and John, Earl of Mar, Regent, to the
captain of the castle of Doune in Menteith, to receive Sir Walter Scott
of Branxholrn, knight, to be warded in the castle at his own expense,
till freed by the Regent. Leith, 2 6th February 1571, 405
111. Warrant by King James the Sixth and John, Earl of Mar, Regent, dispensing
with the warding of Sir Walter Scott of Branxholrn in the castle of
Doune before the 3d of March, and transferring his ward to the castle of
DISTINGUISHED PRISONERS IN DOUNE.
PAGE
Bossy th, which he is appointed to enter before 5 th March at night, this
arrangement not prejudicing his bond and the obligation of his sureties.
Leith, 3d March 1571, ^ 406
112. Warrant by John, Earl of Mar, Regent, to the captain of the castle of
Doune, to set James Kincaid, elder, of that Ilk, at liberty, taking security
for his again entering ward at the castle on fifteen days' warning. 1571, 407
113. Warrant by King James the Sixth and John, Earl of Mar, Regent, to the
captain of the castle of Doune, to set Sir Walter Scott of Branxholm at
liberty, and receive him again when he should offer himself. Stirling,
7th July 1572, 407
114. Letters under the Signet of King James the Sixth, subscribed by James,
Earl of Morton, Regent, to his Steward of Menteith, charging him to
compel the tenants of the stewartry to carry " skailze " (slates) from the
Hewch in Menteith to the castle of Stirling for " beating " and making it
watertight, under the pain of 20s. for every horse absent, or not transport-
ing the full number of slates. The tenants had been previously charged
to carry the slates under a missive letter from the Earl of Morton,
Regent, to the Steward, and had " contempnandlie " disobeyed it. Dal-
keith, 24th July 1574, 408
115. Missive under the Signet of King James the Sixth, subscribed by James,
Earl of Morton, Regent, directing his messengers to arrest the maills and
duties of the lands and lordship of Menteith, and lands included there-
with in times bygone, of the term of Whitsunday last, 1575, and in time
to come, to remain under arrest in the hands of the feuars, tenants, and
possessors, till the persons claiming right to uplift them presented their
titles and commissions before the Regent and Council, and order should be
taken for uplifting the said maills and duties, and making account of them,
as they had remained long unentered in the rolls of Exchequer, and had
been intromitted with by several persons without good right or sufficient
commission. Holyroodhousc, 29th May 1575, 409
116. Warrant by King James the Sixth, subscribed by James, Earl of Morton,
Regent, to the captain of the castle of Doune, to receive John Living-
lxiv ABSTRACT OF APPENDIX.
PAGE
stone, younger of Donypace, into ward in the Castle. Holyroodliouse,
21st December 1577, 411
117. Order by King James tlie Sixth to the captain of the castle of Doune to
set at liberty Archibald Stewart, Provost of Edinburgh. Subscribed by
the King, at the Castle of Stirling, 1 4th August 1578, 412
118. Warrant under the Signet, subscribed by King James the Sixth, to the
captain of the castle of Doune to receive Will Ellott, son to the elder
Tod, from Laurence, Lord Oliphaut, to be warded in the castle, being
one of three Borderers intended to be kept there in ward. Stirling
Castle, 25th April 1579, 413
119. Warrant by King James the Sixth to the captain of the castle of Doune to
receive in ward John Forrest, burgess of Linlithgow. Castle of Stirling,
24th August 1579, 413
120. Warrant by King James the Sixth to the captain of the castle of Doune to
deliver John Eliot, son to the elder Will, to the Provost or Bailies of
Edinburgh, to be kept in the Tolbooth of that city. Holyroodhouse,
19th November 1579, 414
121. Order by the same to set at liberty Hob Eliot, called the Vicar's Hob.
Holyroodhouse, 24th December 1579, 414
122. Letters of Protection by King James the Sixth in favour of Duncan Stewart,
son to Black Alexander Stewart in Glenbukkie, and John Dow M'Kewin,
alias John Galbraith, in the Eister Brigend of Doune, foresters-depute to
Sir James Stewart of Doune, of the forest of Glenfynglas, who were so
molested by certain persons dwelling near the forest, that for fear of their
lives they were compelled to pasture the said persons' cattle in the forest,
and suffered other injuries. The King therefore takes them and their
possessions into his special protection, and commands proclamation to that
effect to be made at the market cross of Stirling and other places needful.
Holyroodhouse, 22d September 1580, 415
123. Warrant by King James the Sixth to the captain of the castle of Doune
to receive into ward Laurence, Lord Oliphant, to remain there and within
a mile of the castle on his own expenses till freed by the King. Holyrood-
house, 6th December 1580, 414
REPARATION OF DOUNE PARK WALL.
lxv
PAGE
124. Letters by the same charging Malcolm beg M°Farlan and Andrew M°Farlan
of that Ilk to cease and desist from meddling or intromitting with the
forest of Glenfmlas as pretended keepers thereof, the foresaid Malcolm
beg M°Farlan having, upon false information made to the King, obtained
from him a letter, subscribed by him without the advice of his Council,
giving to the said Malcolm the keeping of the forest for a certain space, in
prejudice of the King and Sir James Stewart of Doune, heritable keeper
of the said forest. Proclamation to that effect is to be made at the
market crosses of Stirling and Perth, and the parish churches of Port
and Kilmadock. Holyroodhouse, 7th December 1580, 118
125. Account of Repairs made on the place or castle of Doune by advice of Sir
Robert Drummond of Carnock, his Majesty's master of works. Dated at
the Place of Doune, 12th August 1581, 419
126. Warrant by King James the Sixth to the captain of the castle of Doune
to receive in ward Gilbert Dick, one of the Bailies of Edinburgh. Sub-
scribed by the King, at the Castle of Stirling, 11th April 1582, 421
127. Warrant by the same to James Stewart, Lord of Doune, to allow William
Erskine, commendator of Paisley, to remain in free ward on his own
charges and at his own peril within the castle of Doune, the King not
intending that Lord Doune should keep any prisoners at his own peril, or
that any blame should rest on him if the prisoner happened to escape.
Holyroodhouse, 3d December 1583, 422
128. Warrant by the same to Lord Doune, Steward of Menteith, to cause the
feuars and others to build and repair the park dyke of Doune, which had
become ruinous and was fallen down, and which the feuars of the stewartry
had been in use to repair before, causing them to enter to the work
before the last of May and end it before the last of October ; and failing
their so doing, to uplift 13s. 4d. from every merkland in the stewartry
liable for the repairing of the dyke, and employ the money in the work.
Holyroodhouse, 20th May 1584, 423
129. Warrant by King James the Sixth to receive David Graham of Fintry into
ward in the castle of Doune. Holyroodhouse, 20th May 1591, 424
lxvi
ABSTRACT OF APPENDIX.
II.— SIX JACOBITE LETTERS AT BLAIR-DRUMMOND.
130. King James the Eighth to William, Marquis of Tullibardine, afterwards
called Duke of Athole, expressing his satisfaction that the Marquis and
his companions were arrived in Trance, and stating that he would not
write at present to Lochiel and Clanronald, having written to them at
the beginning of the year. The King sends to the Marquis a small
sum of money through General Dillon, thinks they should stay some time
in France, as he really had not the means to pay for their journey to
Eome, though he should have liked to have them near him. He then
refers to some evil reports about himself and the Earl of Mar, who was
still in confinement, but thinks, on a survey of the public affairs of
Europe, they had no reason to despair of their cause. Eome, 29th
April 1720, 425
131. The Same to The Same, sending letters enclosed, and stating that Glen-
derrel's letter required a more particular answer, and that he looked on
the Marquis as one of those who had particularly distinguished themselves
in his service, and deserved " good, and I am sure, sincere words, till I
can give them better encouragement." Eome, 23d May 1720, 427
132. Lord George Murray, fifth son of John, first Duke of Athole, to his brother
William, designed Duke of Athole, informing him of the Prince's advance,
and begging him to cause as many men as possible march for Dunblane,
so as to be there next day [Tuesday] or early on Wednesday, and asking
him if possible to be at Tullibardine on the morrow at noon to consult
with the Prince, who, if he did not see the Duke, would leave instruc-
tions in writing, to the effect that when the latter should be joined by the
Highlanders that were to come up from the north and west, he should
quarter at Blair Castle, while the Prince pushed forward and crossed the
Forth, etc. Perth, 9th September 1745, 428
133. Prince Charles-Edward to William, designed Duke of Athole, requesting him
not to fail to be with him in Edinburgh to proceed with him to England,
whither he meant to set out next week, and bidding him hasten others.
Holyroodhouse, 11th October 1745, 429
LETTER AS TO "MAID OF NORWAY.'
PAGE
134. William, called Duke of Athole, to Prince Charles-Edward, in answer to
the foregoing. That the Prince's letter had not reached him till the
evening he wrote, having been taken by the enemy and retaken — the
convoy of arms and ammunition from the King of France had arrived
the night previous, — that it would be the following night before all the
men could be got together to join the army, and the next morning he
would march with them to join his Koyal Highness. Dunkeld, 15th
October 1745, 430
135. Prince Charles-Edward to William, called Duke of Athole, pressing him to
hasten forward all the men he could without a moment's loss of time, as
the enemy were again preparing to march towards them. Bannockburn,
28th January 1746, 430
III. -CHARTERS AND MISCELLANEOUS PAPERS.
136. Letter by William Eraser, Bishop of St. Andrews, to Edward the First,
King of England, stating that his Majesty's ambassadors, the Scottish
ambassadors who had been sent to his Majesty, and several nobles of
Scotland, had met at Perth on the Sunday following the Feast of St.
Michael, to receive the King's answer to the points treated of by the
ambassadors in his presence, and that the faithful nobles, and a certain
party of the communitas of Scotland, gave him unbounded thanks for his
answer ; that his Majesty's ambassadors and the Bishop himself were
making ready to set out for Orkney, to arrange with the Norwegian
ambassadors for receiving their queen, when a lamentable rumour spread
among the people of her death, whereby the kingdom was disturbed ; that
on the spread of this rumour, Sir Eobert Bruce, who before did not
intend to come to the foresaid meeting, came with a large force, but the
Bishop was still ignorant of what he meant to do. However, the Earls
of Mar and Athole had already summoned an army, and certain other
Lords were joining their party, so that there was dread of a civil war,
unless his Majesty applied a speedy remedy. That the Bishop of
Durham, the Earl of Warrenne, and himself, had heard that the queen
was recovering, but was still weak, whereupon they had resolved to
lxviii
ABSTRACT OF APPENDIX.
remain near Perth till they received sure information from the knights
who had been sent to Orkney, and if they had good news, they would
set out thither to accomplish the business aforesaid. The writer advises
that if Sir John de Baliol came to the King's presence, he should so treat
with him that in every event his Majesty's honour and interest should be
preserved ; and that if the queen had departed this life, his excellency
should condescend to draw towards the Marches for the consolation of
the Scottish people, and to spare the shedding of blood, so that the faith-
ful of the kingdom might be able to keep their oath unbroken, and
appoint him to be king who of right ought to inherit, providing he would
follow his Majesty's counsel. Dated at Leuchars, Saturday, the morrow
of St. Faith the Virgin [7th October], 1290, 431
137. Letters of Confirmation by John, Earl of Carrick and Steward of Scotland,
eldest son of the King of Scotland, Robert, Earl of Fife and Menteith,
and Alexander, Lord of Badenoch, the King's sons, in consideration of
the praiseworthy services done to their father and themselves by John
Lyon, the King's clerk, confirming and ratifying to him a charter of the
lands of the Thanage of Glamis, in the shire of Forfar, granted by their
father to him ; and engaging never to impugn or revoke the same, what-
ever state any of them should occupy, even should it be the royal
dignity, but to renew and confirm the grant as often as required, and
maintain the same against all seeking to impugn it. Edinburgh, 7 th
January 1373, 433
138. Letters-Patent by King Robert the Second, narrating that a marriage had
been solemnly celebrated in face of the church and in his own presence,
between his beloved son, John Lyon, Chamberlain of Scotland, and
Joanna of Keth his daughter, with consent of his sons, John, Earl of
Carrick, Robert, Earl of Fife and Menteith, and Alexander Stewart, Lord
of Badenoch, and other friends and kin, and declaring that in case there
should have passed between the said John Lyon and Joanna previous to
the said solemnity any acts of matrimony, such as a marriage secretly
contracted, carnal intercourse, or pretended excuse that might cause the
King's displeasure, or be imputed to them as perfidy, infamy, or matter
CHARTERS BY ROBERT, DUKE OE ALBANY. ' lxix
PACE
of charge, he makes known that, understanding that these were
preparatory to the said marriage, and had a reference to and were in
accordance with it, he would retain no displeasure against them on that
account, but remit all oifence on that ground ; forbidding any one to
impute blame, infamy, or perfidy to either of them, or revile or defame
them therefor. These letters to continue during their lifetimes. Dun-
donald, 1 Oth May, eighth year of reign, 1378, 434
139. Charter, by Eobert, Duke of Albany, Earl of Fife and Menteith, and Gover-
nor of Scotland, under his seal of office, granting to Malcolm Fleming
of Biggar, and Elizabeth Stewart his spouse, the granter's daughter,
the whole lands of the barony of Biggar, in the shire of Lanark, together
with an annual rent due out of the lands of Kerse, in the shire of Stirling,
pertaining to the abbot and convent of the monastery of the Holy Bood of
Edinburgh, which formerly pertained to the said Malcolm heritably, and
were personally resigned by him into the Governor's hands in the Chapel
of St. Mary the Virgin at the Bridge of Tay : To be held by the said
Malcolm and Elizabeth, and the longer liver of them, and the heirs-male
of their bodies, whom failing, to revert to the heirs-male of the foresaid
Malcolm whomsoever, of the King and his heirs, in fee and heritage for
ever, for rendering the services due and wont. Perth, 28th June 1413, 4.36
140. Bond of Manrent by "William Chalmer of Drurnlochie to David, Lord Drutn-
mond, engaging to take part with him and his heirs in all their actions
and causes against all persons except the Queen and the authority of the
realm ; and that in consideration that Lord Drummond and certain others,
principals of the four branches, and nearest of kin and friends of the late
George Drummond of Ledcreif and William Drummond his son, had
remitted and forgiven the said William Chalmer for their slaughter, and
given him letters of slains thereon. Edinburgh, 5th December 1558, ... 437
141. Precept by King James the Seventh to James, Earl of Perth, Chancellor,
and the Lords of the Treasury in Scotland, to pay to John Graham of
Duchray a yearly pension of 500 merks Scots, as a small supply from
the King for his subsistence, and in consideration of his loyalty, suffer-
ings, and services ; also to cause the pension of £100 sterling granted to
i
Ixx ABSTRACT OF APPENDIX.
PAGE
him by the late King to be punctually paid ; further, remitting and dis-
charging the feu-duties of his lands for the year 1686 and preceding
years, which had not been paid since the last discharge granted to him by
King Charles the Second in 1671, and requiring the Treasury to give
him sufficient acquittances for the same. Whitehall, 25th October 1686, 439
142. Precept by The Same to The Same, narrating that George Drummond of
Blair had received a commission, dated 1 6th April 1 686, to pursue for and
uplift all wards, non-entries, and reliefs, etc., fallen due since 1st August
1674, through decease of any vassals of the Crown holding their lands by
simple or taxt ward, and in time coming during the King's pleasure, and
allowing him a fifth part of the proceeds, with his necessary expenses ;
and also a new commission of the 8th instant, ratifying the former, and
empowering him to receive the non-entries of lands held in blench or feu-
farm, with non-entries of annual rents due to the Crown since the 1st
August 1674, which he formerly received under a Commission from James,
Earl of Perth, Chancellor, to whom the King had assigned the same till
he should be paid the sum of £8000 sterling, and giving to the said
George the same allowance for recovery thereof. The King being well
pleased by the industry and success of the said George Drummond in
discovering and pursuing for these casualties, directs the Lords of the
Treasury that a just fifth part of the sums recovered should be allowed
to him in his accounts, together with his necessary charges, and the
remainder to be paid to the Earl of Perth. Whitehall, 10th November
1687, 440
143. Precept, The Same to The Same, directing the Lords of the Treasury to pay
to Sir Hugh Paterson of Bannockburn and George Drummond of Blair,
keepers of the Signet under the Secretaries of State, a yearly pension of
£100 sterling equally between them, in consideration of their pains and
charges in receiving the " black box " thrice every week and sending it.
Whitehall, 17th July 1688, 442
144. Letter from John Grahame of Claverhouse, Viscount Dundee, to Lord Strath -
naver, stating that being suddenly called to Inverlochy to give orders
anent the forces sent from Ireland, he had been unable to answer his
LETTERS FROM CLAVERHOUSE AND ROB ROY. lxxi
I' AUK
letter sooner, and assuring his correspondent that there was no stability
in the new government, and that Derry was taken, that the French fleet
were masters at sea, and that the side he had chosen seemed the more
promising. This letter was written fourteen days before the battle of
Killiecrankie. Struan, 15th July 1689, 443
A note appended by Sir Thomas Livingstone, dated 19th July 1689,
bears that the letter was in answer to one written at his desire by Lord
Strathnaver to the Viscount of Dundee.
145. Letter from James Drummond to his father, George Drummond, first of
Blair JJrummond, that he was glad his father was to allow him some
months in Italy, which he hardly deserved, since he had come without his
father's consent ; that he would return to Utrecht in September, but in
the meantime hopes to visit Naples and Rome. He had been travelling
with Lord Perth, but begs his father to be in no concern about his religion
on that or any other account. Venice, -|fth March 1695, 445
146. Rob Roy, signing Robert Campbell, to John, first Earl of Breadalbane, that
he had the honour to come of his Lordship's family, and hopes his Lord-
ship will give a precept for four trees to help to build his nephew's
house. Portnellan, 12th November 1707, 446
147. The Same to The Same, that he hoped his Lordship would bind John
Campbell in Innerardoran and Glenfalloch's bairns to keep the peace,
who, when they had previously quarrelled, had been caused by Loch-
dochard and the writer to give a bond to that effect, under penalty of
1000 merks, but he was now informed the bonds had been destroyed.
Portnellan, 4th September 1711, 447
148. The Same to The Same, giving further details about the said bond, of
which one copy was still in Lochdochard's keeping uudestroyed, which
state of affairs the writer hopes his Lordship would rectify. Corrycherich,
15th September 1711, 448
149. The Same to [address wanting], that he could not get to the meeting at
the time for settling about the cow that was in dispute between
Archibald M'Intyr and Duncan Ban, but that they would be sure to
agree in regard to it at next meeting. Portnellan, 24th June 1711, ... 448
ABSTRACT OF APPENDIX.
PAGE
150. Testament-dative and Inventory of the goods pertaining to Robert Roy
Campbell in Inverlochlarigbeg, in the parish of Balquhidder and com-
missariot of Dunblane, at the time of his decease, which was in the
month of December previous, given up by Mary M'Grigor, alias Camp-
bell, spouse of the deceased, as executrix-dative to him, for payment to
her of £436, 10s. 4d. expended by her on his funeral, master's rents
and servants' fees, and medicaments during his sickness, etc. The
Inventory is confirmed on the 6th February 1735, Eaynold Drummond
and John Fisher of Tayenrouyoch being cautioners, 449
151. Letter from Jean Carre, wife of James Drummond, second of Blair-
Drummond, to her eldest son George, expressing her satisfaction to hear
of his intention to settle in marriage so much according to his father's
and uncle's inclinations as well as his own, and her hope of the lady he
was to marry, " as she is an honour to your family, that she will likewise
be a blessing." Blair-Drummond, 13th May 1 738, 451
152. Commission by Prince Charles-Edward, Regent, appointing Michael Brown
a Lieutenant-Colonel in the regiment of foot commanded by William,
Duke of Athole. Holyrood House, 31st October 1745, 452
ROYAL LETTERS.
1. King Charles I. to William seventh Earl of Menteith.
12th May 1627.
Right trusty and welbeloued cousin and counsellour, Wee greete yow well.
Wee haue both heard and found by experience your affection for the further-
ing of all those thinges tending to the aduancernent of our seruice and the
generall good of that our kingdome, for which wee giue yow heartie thankes,
and will not be vnmindfull thereof when anie occasion shall offer, whereby
wee may expresse our respect vnto yow, not doubting but that yow will con-
tinue in the like course as yow haue begunne.
Vnderstanding how well yow are disposed to the religion presentlie pro-
fessed, and knowing what relation yow haue to our right trustie and welbe-
loued, the Lord Gray, whose eldest sone, (as wee are informed,) being in your
companie, yow have seen carefullie bred in the said religion ; Wee do like-
wise therein approue your care, and do wish yow to continue the like, by
all such meanes as yow shall think fitt for that purpose ; for our desire is that
the children of all our good subjectes, but speciallie such as are borne to be
ROYAL LETTERS.
[1627.
Peeres of that kingdome, or who are to be in any eminent place, haue their
education after that maner. "Which recommending vnto your care, wee bid
yow heartilie farewell. From our Court at Whitehall, the 12 day of May
1627.
To our right trustie and welbeloued cousin and counsellour the Earle of
Menteith.
2. King Charles I. to William seventh Earl of Menteith.
18th October 1627.
Charles E.
.Right trusty and welbeloued cousin and counsellour, Wee greete yow well.
Wee haue vnderstoode by diuerse of your good and constant affection to our
seruice in all thinges wherein your opinion might contribute to the further-
ance thereof, for which wee giue yow hearty thankes, and will not be vnmind-
full of the same when anie further occasion shall offer, whereby wee may
expresse our respect vnto yow ; and as yow haue begunne, so wee are confident
that yow will from time to time continue in the like good seruice, and spe-
ciallie till this busienesse concerning the erectiones and other thinges contained
in the late commission for those purposes be brought to the intended perfec-
tion. And in regard of the proof already giuen by yow for the aduancement
of our seruice and the publict good, wee haue thought fitt to craue your pri-
uate opinion concerning those thinges submitted vnto vs, wherein wee haue
giuen particuler instructiones to our trusty and welbeloued Sir Archbald
Achesone, Knight, to be imparted vnto yow. So, after that some speciall
thinges concerning our said seruice are put to some good point, wee think it not
amisse that yow repair vnto our Court, where some thinges may offer wherein
1628.] KING CHARLES I.
wee will impart our further pleasure vnto yow. Thus wee bid yow farewell
From our Court at Whitehall, the eighteene day of October 1627.
To our right trustie aud welbeloued cousin and counsellour the Earle of
Menteith.
3. The Same to the Same.— 11th February 1628.
Charles E.
1. That some of the noblemen cheefely interested be prepared to signe the
Submission before it be presented to the Commissionares in publick.
2. That the opiniones of some of the most eminent persones, and of the best
affected to his Majestie's service, may be procured concerning the course
to be taken in the Decree, and that vnder their hands.
3. That his Majestie's advocatts draw up a Commission for surveighing the
Lawes and Practickes of the Kingdome, with a blank for Commissionares'
names, whereof a roll is to be sent to his Majestie that he may make
choice.
\. That a care be had to repayre his Majestie's houses, for saveing of his game,
and for helping of the highwayes.
5. To consult again concerning the Penall Statutes, that after consideration of
the estate of the tyme, and of the preparatioun necessary for a Parlia-
ment, the transgressioun of them in tymes past may either be wholly
respetted, or at least a great discretion vsed in makeing choice of them
that should be punished, and great moderatioun vsed in the maner of
exacting, since his Majestie inclynes to a respetting the tyme past, and
to punish only the present or late trausgressiones.
6. In reguard that the sufficiency of the Clerk of the Shyre may contribute
much to the goode of his Majestie's service, and to the Governement of
ROYAL LETTERS. [1628.
the countrey, and to the effect they may be circumspectly made choice
of by one neare his Majestie, by whom his Majestie may direct them,
and who shall be answerable to his Majestie for them, that his
Majestie's advocatt draw a warrant to this effect for Sir William Alex-
ander, his secretary ; That as he hath the makeing the Clerkes of the
Signett, so he may in like manner have power to make the Clerkes of
of the sayd shyres.
7. And least his Majestie's subjects who are to signe the sayd submission
should be putt to vnnecessarie trouble and charges in repayreing from
thair dwellings to signe it, his Majestie is well pleased that any two of
them within the shyre, who are warranted from the rest, shall signe the
same in name of them all who are tith-bayares.
8. To recommend to the Commission for Surrenders the erection and provyd-
ing of the churches desired to be plaunted at Portpatrick and Crawford
Moore ; and after they have considered of the intention of his Majestie's
late father for provyding the church at Greenok, that they likewise take
a course for doing the same.
9. That the Commission for the Circuitt Courts be expede and take effect
according to his Majestie's former directioun gevin concerning the same.
10. That James Mowate be placed as shirreff- clerk of the shirrefdome of
Barvick, according to his Majestie's graunt, gevin vnto him therevpoun.
Giuen at the Court at Whitehall, the eleuenth day of Februarie 1628.
4. King Charles I. to William seventh Earl of Menteith.
13th March 1628.
Charles E.
Eight trusty and welbeloued cousin and counsellour, Wee greete yow well.
Wee haue vnderstood by your letter and otherwise how effectuallie yow haue
1628.] KING CHARLES I.
proceeded in our seruice committed to your charge at your last being here,
for which wee giue yow hearty thankes. Now, because wee intend to tak your
opinion concerning the Decree to be made by vs vpon the Submission, wee
require yow (after yow haue vsed your best meanes for furthering the signeing
thereof, and after the 23 of Aprile, which is appointed for puting a conclusion
to that erand,) to repair vnto our Court with all diligence, when our farther
pleasure shal be imparted vnto yow. We bid yow farewell. From our Court
at Whitehall, the 13 of March 1628.
To our right trusty and welbeloued cousin and counscellour the Earle of Mon-
teith, President of our Counscell in our Kingdome of Scotland.
5. The Same to the Same.— 11th April 1C28.
Chaeles E.
Eight trusty and welbeloued cousin and counsellour, Wee greete yow well.
Wee haue vnderstoode how carefull yow haue been to further our seruice,
and do approue of the resolution yow haue taken, to stay till the 23 of Aprile,
that yow may bring the Submission with yow, signed by all such as haue con-
discended therevnto, with a certane information of them who are otherwayes
disposed. And thereafter wee desire yow to repaire vnto our Court with all
diligence, that wee may haue your opinion in some thinges concerning the
Decree that wee are to giue forth, whereof wee intend not to determine till
yovir coming. So not doubting but yow will vse the best expedition yow can,
wee bid yow farewell. From our Court at Whitehall, the eleventh day of
Aprile 1628.
To our rioht trustie and welbeloued cousin and counsellour the Earle of Mon-
teith, President of our Priuie Counsell of our Kingdome of Scotland.
ROYAL LETTERS.
[1628.
6. King Charles I. to William seventh Earl of Menteith, and Others.
11th July 1628.
Charles E.
Eight trusty and right welbeloued cousin and counsellour, and trustie and
welbeloued, Wee greete yow well. Whereas wee have beene latelie petitioned
by the relict, kin, and freendes of vrnquhile David Tossach of Minivaird,
that justice may be graunted to them against Lawrence Bruce, youngar of
Coulmalindy, Alexander Bruce, his brother, William Oliphant, then of Gask,
Alexander Fleming of Monneis, Peter Blair and John New, their complices
and associates, who were at the slaughter of the sayd vmquhile David Toss-
ache ; wee knowing that nothing doth more concerne vs in dutie and conscience
then to see the land purged of soe haynous a sinne, by causeing inflict due
punishment vpoun the offendares, according to oure lawes provided in those
cases ; Oure pleasure is, and wee doe hereby will and require yow, and either
of yow, that justice may be tymously administred vpoun the foresayds per-
sones, committers of the sayd slaughter, and that according to the lawes and
practique of that oure kingdome obserued by yow, oure justices in the like
cases, and that notwithstanding of any expired respett or other favour granted
heretofore to them, or either of them. So, not doubting of your carefull per-
formance of the premisses, wee bid you farewell. From our Court at White-
hall, the 11 July 1628.
To our right trusty and welbeloued cousin and counsellour the Earle of Mon-
teith, President of oure Priuie Counsell, and our Cheef Justice of our
Kingdome of Scotland, to our trusty and welbeloued Mr Alexander
Coluill, our Justice Depute there, and to our trusty and welbeloued
counsellour Sir George Elphingston of Blythiswood, Knight, our Justice
Clerk, and to his deputs.
1628.] KING CHARLES I.
7. King Charles I. to William seventh Earl of Menteith. — 22d July 1628.
Charles E.
Instructions giuen by his Majestie vnto the Earle of Monteith,
the 22 July 1628.
It is our Eoyall pleasure that the Earle of Monteith, President of our Priuy
Counsell, performe these instructions following, viz. : —
That he have a care of setting fordward of the Circuits and Justice airs
according to theire severall commissions, and that every sherriff, steward,
bailzie, justice of the peace, and other officers, may be compelled to execute
their severall chardges.
That he consult with the Commission of Tythes for appointeing severall
committees for the severall busines referred vnto the same.
That he give order for executeing the late Commission for the Lawes,
whereby the same may be. ready against the next parliament.
That he consult and resolve with the Lords of Counsell concerning the
mending of the highwayes, repaireing of our howses, and prouideing for our
Coronation and Parliament, and furnishing of our howses dureing our aboad in
that kingdome, and for our cariadges and carts vpon every remove within
the same.
That he cause renew the Commission of the Borders, that the same may
be duely executed as it had wonte.
That he cause prouide the churches, Parliament Howse, Counsell Howse,
Chappell, and all other things fitting for our entrie, Coronation, and Par-
liament.
That he cause some speedy directions to all our forrests for furnishing
of deere and venison for our howse.
ROYAL LETTERS. [1628.
That he aduise Avith the Counsell for setting downe instructions concern-
ing such Penall Statuts as they shall think fitt to be executed in the next
circuite or justice aires.
Akch. Acheson.
8. King Charles I. to William seventh Earl of Menteith.
28th August 162S.
Charles B.
Eight trusty and welbeloued cousin and counsellour, Wee greete yow well.
Wee receaued your letter, whereby wee perceaue the continuance of your
care and diligence to do vs good sendee, for which we giue yow hearty
thankes, desiring that yow will continue to vse your best endeauours that the
valuation of the tithes may be both speedihe and truely tryed, whereby that
great work of the tithes may be the more quicklie brought to the intended
perfection ; wherein, nothing doubting of your care and ready paines, wee bid
yow farewell. From our Court at Southwick, the 28 of August 1628.
To our right trusty and welbeloued cousin and counsellour the Earle of Mon-
teith, President of our Priuie Counsell in our Kingdome of Scotland.
9. The Same to the Same.— 20th October 1628.
Charles E.
Eight trusty and welbeloued cousin and counsellour, Wee greete yow well.
Hauing already sufficiently acquainted yow with oure mynd concerning your
proceeding in the Circuite Courts, and knowing that the furthering thereof
may tend much to the goode of oure service for the better governement of that
oure kingdome, being verie loth that any thing through improuidence should
fall out for hindering of the same, wee have thought vpoun their estate in this
1628.] KING CHARLES I.
who have regalities, and as wee intend no way to remove them from that
winch they possess but by due course of law, or by giveing due satisfaction,
as the case in law or equitie shall require, soe wee are very confident that as
they were entrusted with that charge for administration of justice, soe they
will not doe any thing that may hinder the executioun thereof, cheefely in
things that could not be challenged in these Courtes, vnlesse they had beene
omitted by them ; and if any persone shall doe otherwise, it will give vs just
cause to provyde for a remedie ; and yet out of oure respect to their right, that
wee may not derogate from the samen ; Oure pleasure is, that yow and the
judges appointed for the Circuite Courtes, whensoever they are to sitt in
any place, doe call vnto them the Lords of Eegalities or their Bayliffes
interested in that bounds, and require them to sitt with them, that both may
concurre togither for administratioun of justice, which wee will think of as
acceptable service done vnto vs. And soe wee bid yow farewell. From
oure Court at Whitehall, the twenty day of October 1628.
To oure right trusty and welbeloued cousen and counsellour the Earle of
Menteitk, President of oure Counsell of Scotland.
10. The Same to the Same.— 28th October 1628.
Charles E.
Eight trusty and welbeloued cousin and counsellour, Wee greete yow well.
Being informed that, notwithstanding of many fair admonitiones given by
some of oure clergie there vnto Sir Johne Ogilvie of Craig and George Ogilvie,
his brother, for the better reclaimeing of them from their open profession of
poperie and frequent resetting of priests and Jesuits, and that for their con-
tumacie they are excommunicated by the Church and denunced our rebells
at the command of our Counsell, yett they obstinatlie and insolentlie continue
B
10 ROYAL LETTERS. [1628.
in their former profession to the greate scandall of the religion presentlie pro-
fessed, and contempt of our lawes prouided in those cases ; for remedie whereof,
and for the better preventing the like dangerous courses hereafter, wee are
hereby pleased to require yow that with all convenient diligence yow vse
your best meanes for apprehending of them, and being taken that you coni-
mitt them to some of our sure wardes, there to be kept till wee shal be pleased
to signifie our further pleasure concerning them ; and that yow tak the like
course with all such other persons who give the like just cause of offence, and
with whome the like course shall be desired to be taken by us or our said
clergie. So wee bid yow farewell. Gevin at our Court at Whitehall, the
28th day of October 1628.
To our right trusty and welbeloued cousin and counsellour the Earle of Mon-
teith, President of our Privie Counsell in our Kingdome of Scotland.
11. King Charles I. to William seventh Eael of Menteith.
27th November 1628.
Chaeles E.
Eight trusty and right welbeloued cousin and counsellour, Wee greet yow
well. Whereas, vnderstanding that the ministeris of Edinburrow haue hitherto
deferred the administration of the holy Sacrament to their people by reason
of the factious and turbulent disposition of certane persones within their con-
gregationes that do refuse to communicat with them, and knowing no reason
why they that are obedient sould, for the contempt of otheris, be defrauded
thereof, wee haue willed and required them but further delay to doe their
dueteis in the administratioun of the Sacraments. Likeas wee haue required
the Magistrats of that toun to look to their people and see that there be no
disordour amongst them, but that all glue their obedience in communicating
with their pastours : As also haue writtin to the Lords of Session (whom it
1628.] KING CHARLES I.
becometh to go befoir others in example of obedience as they do in place,)
that they appoint all the members of that judicatoure to addres themselffs to
the participation of the holy Sacrament with the rest of the people, and that
they themselffs communicat togither in the Church of St. Geills, to the end
that utheris by their obedience may learne to obserue the ordour prescryued
in that case. Soe wee have thought fitt to desire yow in particular to be
present and countenance that holy action, participating with the rest, which
wee sail esteeme as good and acceptable seruice done vpon your pairt vnto
vs. And so wee bid yow farewell. Gevin at our Court at Whitehall, the
27th day of November 1628.
To our right trusty and welbeloued cousin and counsellour the Earle of Mon-
teith, President of our Privie Counsell in our Kingdome of Scotland.
12. The Same to the Same.— 12th December 1628.
Charles R.
Eight trusty and welbeloued cousin and counsellour, Wee greete yow well.
Haueing vnderstoode the good seruice yow haue done vs in setling the Circuit
Courts which wee had recommended vnto yow, and being desireous to haue
your aduise in some other things concerneing our seruice, wee wishe yow pre-
sent that wee may haue opportunitie to conferre with yow. But because wee
know not how yow can convenientlie be spared for the present from our ser-
uice there, wee remitt to your owne consideration the makeing choice of a fitt
tyme for your repairing hither, which shal be verie acceptable vnto vs, and so
wee bid yow farewell. Gevin at our Court at Whitehall, the 12th day of
December 1628.
To our right trusty and welbeloued cousin and counsellour the Earle of Mon-
teith, President of our Privie Counsell in our Kingdome of Scotland.
12 ROYAL LETTERS. [1629.
13. King Charles I. to William seventh Earl of Menteith.
21st April 1629.
Charles B.
Eight trusty and welbelovted cousin and counsellors, "Wee greete yow well.
As wee vnderstand the greate trauellis and charges yow have beene at in
doeing vs service, soe wee are resolued that yow shall not onely not be a
sufferer thereby, but that wee will reward yow in such maner as may encour-
age yow cheerefullie to prosecute our service entrusted vnto yow till it be
brought to a full perfectioun. But though the estate of our coffers be such at
this tyme that wee cannot presently spare from thence that which wee are
willing to bestow vpoun yow, and that wee doe not thinke it fitt to give yow
a publict warrant till wee first considder of the meanes whereby it may be
payed, yet to assure yow of oure goode intentioun towards yow, and that yow
may the more freely vndergoe in the meanetyme any charges that the neces-
sity of our service for the present shall require, these are to signifie vnto yow,
that wee intend to bestow vpoun yow, as soone as conveniently wee can afford
it, the summe of fyue thousand pounds sterling money, whereof yow may
assure yourselfe, and of oure further fauour, according as wee shall finde yow
to deserue. And soe wee bid yow farewell. From oure Court at Whitehall,
the 21st of Aprile 1629.
To oure right trusty and welbeloued cousin and counsellour the Earle of
Monteith, President of our Councell of Scotland.
14. The Same to the Same, and Others.— 2d May 1629.
Charles E.
Eight trusty and welbeloued cousin and counsellour, and trusty and welbe-
loued Counsellours, wee greete yow well : Whereas, according to the course
1629.] KING CHARLES I. 13
beguune by our late deare father, wee were pleased to give order for creating
of Knight Barronetts within that our Kingdome for the plaunting of the
plantatioun of New Scotland, as the Commission gevin for that effect parti-
cularly beares, and haveing alwise a desire that those of the most auncient
families and best estates might be first preferred, notwithstanding that they
had beene duely wairned by proclamatioun for that purpose, yet out of our
earnest desire to give them all reasonable satisfaction, wee did signe pattents
for sundry of them, that in case they should in due tyme accept thereof, they
might take place from the tyme of our signeing of the same, notwithstanding
that others whose pattents were signed by vs thereafter had passed oure greate
seale before them, and because the most parte of those pattents being signed
by vs at one tyme, we could not then give order by makeing of them of severall
dates for their particular precedencies, as was requisite : Oure pleasure is
that yow, or any two of yow, haveing considered of the quality and estate of
these for whom such pattents were signed, doe fill vp the dates of euery one
of them, as yow, in your discretion, shall thinke fitt ; for doeing whereof
these presents shall be vnto yow a sufficient warrant, which wee will yow to
insert in your Bookes of Councell or Sessioun, if yow shall finde it expedient :
And soe wee bid yow farewell. From our Court at Greenwitch, the 2 of May
1629.
To oure right trusty and welbeloued cousin and counsellour the Earle of
Monteith, President of our Councell of Scotland ; and to our trusty and
welbeloued counsellours, Sir William Alexander of Menstry, Knight,
and Sir Archibald Achesone of Glencarny, Knight, our Secretaries for
our sayd Kingdome of Scotland.
14 ROYAL LETTERS. [1629.
15. King Charles I. to William seventh Earl of Menteith.— 7th June 1629.
Charles E.
Instructions from His Majestie for the Earle of Menteith, President of
His Majesties Councell, concerning his Service.
1. To sound how his Majestie's Decreete is lyked of, and yf there he any just
exception taken against it, to advertise hack what may concerne the
same with diligence.
2. To advise what course is hest to he taken with the Lordship of St. John,
that the erector or heritors thereof may either submitt, or he persued by
due course of law for the samen, and regalities depending therevpoun.
3. To treate with such as have heretable offices that they may be surrendered
for reasonable satisfaction ; and to acquaint his Majestie what noblemen
or men of quality haveing them doe affect a title of honour that they
may first demitt whateuer heritable office or regality they have, ere his
Majestie hearken vnto their sutes.
4. To treate with such as haveing no heritable office are curious to have a
title of honour, and to try what men they will furnish to be plaunted in
New Scotland, whereby their honour may in some measure be deserued.
5. To advise what course may be taken for makeing out the noniber of
Knight Barronetts that the plantatioun of New Scotland may be pro-
secuted, and the charges already disbursed therevpoun recouered.
6. To deale with the Judges of the Circuite Courts that they sitt at their
next meeting vpoun such penall Statutes as were recommended by the
Councell the last yeare.
7. To represent vnto the Councell what the Countrey doth suffer by the
frequent resort of nombers here, that the best remedie may be devised
for preventing the like in tyme comeing.
1629.] KING CHARLES I. 15
8. To propound vnto the Commissioun that euery parish may have some
allowance for pious vses to he joyned with the benefite of the church
boxe, and disposed of by the minister and elders of the parish.
9. To crave an accompt of the letter wryttin for Sir James Stewart, willing
him to he payed of what is found justly due vnto him conforme there-
vnto.
1 0. Whereas there is a proposition made concerning the fewing of Orknay,
Zetland, and the Vdall Lands that the tenuents may use pollicy, and
our rents be the better secured ; let it be advised by our Councell or
Exchequer whither it be convenient for vs to doe soe or not, and to
certifie the same back with diligence, with such reasones as are gevin
concerning the same.
11. To adverte vnto the cause which is debated between the Lord of Lome
and the Yleanders, and to advertise vs what is fitt to be done therein.
12. To hold back the Lettere concerning the Principality till haveing advised
with our Advocate or such others as yow shall thinke fitt whither it
be convenient to deliver it presently or not, yow advertise vs concerning
the samen.
From our Court at Greenwitch, the sevinth of June 1629.
S. W. Alexander.
16. King Charles to John Earl of Mar, Lord Treasurer, and Others.
29th June 1629.
Charles E.
Whereas wee are informed by our right trustie and welbeloued cosin, John
Earle of Carrick, that none of his pencion there, of five hundred pounds
sterling, hath bin paid vnto him these fower yeares past, to his great loss and
preiudice, whereby he is much dishabled for our service, and frustrated of
16 ROYAL LETTERS. [1629.
our late deare father's royall intencion and our owne towards him : Our
pleasure therefore is, and wee do hereby authorise, will, and require you, with
all convenient and possible diligence, to pay, or cause to be paid vnto him, or
his assignes, the said fower yeares areres of his said pencion of five hundred
pounds sterling per annum, as alsoe yearely and termely hereafter, as the
same shall from time to time grow due, and that out of anie our rents,
casualties, customes, imposts, annuities, comissions or concealements what-
soeuer : And for your soe doeing these presents, togeather with the acquittance
or acquittances of the said Earle or his assignes shal be vnto you and every of
you, and vnto the auditors of the accompts of our Exchequer for allowing of
the same from time to time a sufficient warrant and discharge in that behalf.
Giuen att our Court att Greinwich, the 29 day of June 1629.
To our right trustie and right welbeloued cosin and counsellor, John Earle
of Marr, our Treasurer, Comptroller, and Collectour of our Kingdome of
Scotland, and to Archibald Lord Naper, our Deputie in the said Offices,
and to Sir Allexander Straughan of Thornton, Knight, Comissioner of
our Concealments and Comissions, and to Sir Henry Wardlaw of Pitt-
reuey, Knight, and Mr. Dauid Fullarton, Eeceauours of our Eents and
Casualties, and to all and euery of them.
1 7. King Chakles I. to William seventh Earl of Menteith.
28th July 1629.
Charles E.
Kight trustie and welbeloued cousin and counsellour, Wee greete yow well.
Whereas wee were pleased of late to give vnto yow some instructiones touch-
ing such things as were fitt for the good of our service within that our
Kingdom, and being willing to conferre with yow concerning such of them as
1629.] KING CHARLES I. 17
yow haue alreadie propounded and sett a foote there, and of those which are
intended to he prosecuted : Our pleasure is, that how soone yow can conveni-
entlie yow repair vnto our Court, where our further pleasure shal be imparted
vnto yow concerning the same. So wee hid yow farewell. From our Court
at Theobalds, the twentie eight of Julij 1629.
To our right trustie and welbeloued cousin and counsellour the Earle of Men-
teath, President of our Privie Counsel! of our Kingdome of Scotland.
18. The Same to the Same.— Circa 28th July 1629.
Chaeles E.
Instkuctiones from His Majestie to the Eaele of Monteith, President of
His Majesties Counsell of Scotland.
That yow considder and advise how the annuity already due may [be] best
brought in by the meanes already prescribed, or by anie way that may con-
duce to that end.
That yow advise according as the present occasiounes shall require if it
be necessary to have a convention, in what maner, at what tyme, what pur-
poses are to be treated of therein, and that yow advertise accordingly that the
directiounes recprisite may be gevin for that effect.
That yow try what vassals will buy in their own few duties to our vse,
and likewise what benefite wee may have for our interest in the tithes of
erectioun.
That yow advise and considder what way the casualities may be reduced
to a certainty with augmentation of oure rents and without greeveing oure
subjects.
That yow informe yourselfe what course is taken with Glamoriestoun in
c
18 ROYAL LETTERS. [1629.
that busienesse wherein wee wrote formerly to the Earle of Murray, that
yow may either see the same setled if the sayd Earle hath not taken order
with the same already, or that yow certifie vs what yow thinke fitt to be done
therein.
That yow acquainte Sir James Campbell of Lawers with a petition
exhibited against him wherein wee are supplicated to give way to justice.
That yow informe yourselfe concerning this late trouble falne out in
Angus, that in reguard of the great contraversy and direct contradictioun of
that which is suggested by the parties, wee haueing the truth certified by yow
to vs, maie proceede thereafter as justice and equity shall require. And in
the meanetyme that surety be taken of all parties for the peace of the
countrey, and that they be bound to answeir according as our lawes in like
cases require. S. W. Alexander.
The Earle of Monteith his Instructions.
19. King Charles I. to the Earl of Menteith and Others. — 28th July 1629.
Charles E.
Eight trustie and welbeloued cousin and counsellour, right reverend father in
God, right trustie and welbeloued counsellour, and trustie and welbeloued
counsellours, Wee greete yow well. Whereas these inclosed overtures, touch-
ing the decree which wee intend to pronounce vpon the generall submission
made by the heretors and others interested in tithes, haue been propounded
vnto vs in behalfe of the tithbuyers, which seem to be reasonable ; and being
willing to proceed therm by due advyce, before any course should be resolued
vpon by vs touching the same, Our pleasure is, that yow peruse and consider
thereof, and thereafter that yow report vnto vs your opinions concerning the
same, and how farre wee may therin proceed in iustice and equitie for our
1629.] KING CHARLES I. 19
benefite and the generall good of all our subjects interested therein, and in the
meanetime that yow resolue vpone some convenient course for preventing the
leading of tithes this year, and all inconvenients that may arise thereby, which
seriously recommending vnto your care wee bid yow farewell. From our
Court at Theobaldes, the tuentie eight of July 1629.
To our right trustie and welbeloued cousin and counsellour, to the reverend
father in God and our right trustie and welbeloued counsellour, and to
our trustie and welbeloued counsellours, the Earle of Monteith, President
of our Privie Counsel!, Patrik Bishop of Eosse, Sir Archibald Atchesone,
our Secretarie, and Sir Thomas Hope, our Advocatt, in our Kingdome
of Scotland.
20. King Chakles I. to Geoege Viscount Dupplin and Others.
20th September 1629.
Charles E.
Eight trustie and welbeloved cousins and counsellors, right reverend father
in God, and trustie and welbeloved counsellors, Wee greete yow well.
Whereas being to establish the current courts, wee were pleased to purchase
from the Lord of Lome the heretable office of Justiciarie, which his prede-
cessors, for good service done, had of a long tyrne discharged, giving him
satisfaction for the samine, notwithstanding of any former title that wee could
have pretended therevnto, and graunting stdl vnto him the heretable office of
Justiciarie of the North and West lies, bot being now of late humblie entreated
by the Earle of Seafort, for himself and in the name of some others, to be free
from the inconveniences and trouble whiche they alledge it may breede vnto
them, wee are desyrous to purchase that part lykwyse from him, and having
made choyce of yow for that purpose, Our pleasure is, that yow call for the
20 ROYAL LETTERS. [1629.
said Lord of Lome, and that yow vse your best meanes to treat, transact and
agree with him, for the Justiciarie of the said bounds, and that yow either
absolutly agree with him, or certifie vnto vs what the difference is, or what
your opinion is touching the same ; and our pleasure lykwyse is, that yow
deale with the said Earle of Seafort, to see what meanes he or those for whom
he doeth deale will contribute for the buying thereof, and for so doing these
presents shall be your warrant. Given at our Court at Theobalds, the 20 of
September 1629.
To our right trustie and right welbeloved cousins and counsellours, to our
reverend father in God, and our right trustie and welbeloved coun-
sellours the Viscount of Dupline, our Chancelor of Scotland, the Earle
of Monteith, our President of our Privie Counsel! there, the Bishope of
Rosse, and Sir Thomas Hope, Knight and Barronet, our Advocate of
that our Kingdome.
21. King Chakles I. to William seventh Eael of Menteith.
29th September 1629.
Charles B.
Eight trustie and right welbeloved cousin and counsellour, Wee greete yow
well. Being informed that diverse our subjects feare the shortnes or gene-
ralitie of sodaine citationes before our Circuite Courts, Our pleasure is, that
yow give order to our Judges thereof, and others whom it concerneth, that
parties to be indyted before them have copies of their dittayes according to
the time Limited by a late ordinance of our Privie Counsell made to that
purpose. And whereas they referred vnto yow the last yeare the nomination
of all penall statutes fitt to be put in execution, though wee are loath that
yow cause proceede therein but in a moderat mainer ; yet least impunitie
1629.] KING CHARLES I. 21
might embolden transgressors not to live in due obedience of our laues, Our
pleasure lykwyse is, that as occasion shall requyre yow give order vnto our
said Judges, and that otherwyse of yourself yow cause execute such of those
statutes as yow shall think most agreeable to our said princelie pleasure and
the laues of that our Kingdome, wherein, willing yow to signifie our royall
intention vnto our Privie Counsell and our said Judges, and not doubting bot
that yow will cause proceede with such moderation as our subjects may not
have just cause to feare vndeserved censure, nor yet to hope for impunity
where they doe justlie deserve punishment. Wee bidde yow farewell. From
our honour of Hampton- Court, the 29 of September 1629.
To our right trustie and right welbeloved cousin and counsellour the Earle
of Monteith, Lord President of our Privie Counsell of our Kingdome of
Scotland.
22. The Same to the Same.— 29th September 1629.
Charles E.
Eight trustie and right welbeloved cousin and counsellour, Wee greete yow
well. Whereas yow are willing to surrender vp vnto vs your right of all those
lands that are of our propertie lying within the Earledome of Stratherne, wee
have written to our Advocate to draw vp a surrender of all of them that are
contained within your evidenttes, to be signed be yow, leaving yow to prose-
cute your right against all others for all other lands whervnto yow can justly
claime, and as yow have freelie submitted yourself vnto vs, to be disposed of
as wee please, in all those lands that are of our propertie, so wee intend after
due consideration to give yow a reasonable satisfaction for the same, and have
willed our Advocate to assist yow in all your other actions, so farre as he can
laufullie doe. So being to acknouledge this amongst the rest of your good
22
ROYAL LETTERS.
[1629,
services done vnto vs, wee bidde yow hartilie farewell. From our honour of
Hamptone Court, the 29 of September 1629.
To our right trustie and right welbeloved cousin and counsellour the Earle of
Monteith, Lord President of our Privie Counsell of the Kingdome of Scotland.
23. King Charles I. to William seventh Earl of Menteith.
17th October 1629.
Charles E.
Eight trustie and welbeloued cousin and counsellour, Wee greete yow well.
Whereas our trustie and welbeloued counsellour, Sir William Alexander, our
Secretaire, hath aggreed with some of the heads of the cheefe clannes of the
Highlands of that our Kingdome, and with some other persones, for transport-
ing themselffes and followers to setle in New- Scotland : As wee doe verrie much
approve of that course for advanceing the said plantatioun, and for disburden-
ing that our Kingdome of that race of people, which in former times had bred
so many troubles there, so, since that purpose may verrie much import the
publict good and quyet thereof, wee are most willing that yow assist the same
by all faire and laufull wayes : And because (as wee are informed,) diuerse are
willing to contribute for their dispatch by their meanes, wee requyre yow to
take the best and most faire course heirin that possiblie yow can, that a volun-
tarie contributioun may be made for that purpose, in such maner as yow shall
think most fitt, which wee will authorise as shal be by yow thought requisite ;
and that yow substitute any persones whom yow shall think expedient for the
managing and collectione thairof. So wee bid you fairewell. Prom our
honor of Hampton Court, the 17 of October 1629.
To our rioht trustie and right welbeloued cousin and counsellour the Earle
of Monteith, President of our Privy Counsell of Scotland.
1629.] KING CHARLES I. 23
24. The Same to the Same.— 3d November 1629.
Charles R
Eight trusty and right welbeloued cousin and counsellour, Wee greet yow well.
Hauing been petitioned at diuerse times touching those differences betweene
the widow of Carron and Eallindalloch, wee wold giue eare to neither pairtie
further then to remitt them to the ordinarie course of justice. But being
informed of late that those differences are not as yet setled, wee are hereby
gratiouslie pleased that yow informe yourself of the true estate thereof, and,
after due tryall, that yow tak such a course for setling of the same as wee were
pleased to prescribe vnto our Counsell touching that purpose, and as yow shall
think most fitt for the good and quiet of those parts, that wee be no more
troubled with further complaintes ; which recommending vnto your care wee bid
yow farewell. From our Court at Whitehall, the thrid day of Nouember 1629.
To our right trustie and rieht welbeloued cousin and counsellour the Earle of
Monteith, Fresident of our Eriuie Counsell of Scotland, and our Justice
Generall of that our Kingdome.
25. The Same to the Same.— 6th November 1629.
Charles E.
Eight trusty and right welbeloued cousin and counsellour, Wee greete yow
well. Whereas wee are informed that our late royall father did purchase the
lands of Marple and Trappon, and did appropriate them to the vse of onr
Chappell Eoyall, the tithes of which landes being as yet in the possessione of the
Laird of Smeeton, being willing, for the better and more speedie helping of
those persons who serue in that Chappell, that some present course be taken
for their mantenance and ease of the tennents of those landes, Our pleasure
2i ROYAL LETTERS. [1629.
is, that, by the aduise of the Deane of the Chappell and our Aduocat, yow vse
your best and most ready endeauouris for dealing with the said Laird for buy-
ing those tithes from him ; but if yow find iust cause for reducing thereof to the
vse aforsaid, that yow proceed therein as yow shall think most fitt ; and vpon
your certifieing of vs what shalbe thought expedient to be done vpon our part,
wee will accordinglie giue order for doing thereof, willing in the meane time
that yow in our name require our Chanceler and Keepers of our Seales not
to passe any new grante of those landes or tithes in fauouris of any person till
our further pleasure be knowen therein ; willing yow likewise to signifie vnto
the said Deane that when any competent benefice shalbe thought fitt by the
Commissioners for tithes to be appropriated to the patrimonie of his see, wee
will accordinglie giue way therevnto. So wee bid yow farewell. From our
Court at Whitehall, the 6 of Nouember 1629.
To our right trustie and right welbeloued cousin and counsellour the Earle of
Monteith, President of our Priuie Counsel! of our Kingdome of Scotland.
26. King Charles I. to Sir John Hamilton of Saint Magdalens, Lord Clerk -
Eegister. — 9th November 1629.
Charles E.
Trustie and welbeloued counsellour, Wee greete yow well. Whereas our
right trustie and right welbeloued counsellour, the Earle of Monteith, Presi-
dent of our Priuie Counsell, is, for some important considerations knowen
vnto vs, to searcb for some wreats amongst our euidents and rolles, whereof
yow haue the charge, Our pleasure is, that yow to that purpose mak patent
vnto him what records, euidents, or wreitts whatsoeuer yow haue in your cus-
todie and charge within our Castle of Edenbrugh or elsewhere, and that yow
giue vnto him such thereof as shalbe found by our Aduocate to concerne the
1629.] KING CHARLES I.
purpose for which wee haue granted him this licence, togidder with any ex-
tracts that they to this effect shall require ; and for your so doing these pre-
sents shal be your warrant. From our Court at Whitehall, the 9 of Nouember
1629.
To our trustie and welbeloued counsellour, Sir John Hamilton of Magdalens,
Knight, our Clerk of Eegister in our Kingdome of Scotland.
27. King Charles I. to William seventh Earl of Menteith.
26th November 1629.
Charles E.
Eight trustie and right welbeloued cousin and counsellour, Wee greete yow
well. Whereas wee haue been dealt with for diuerse persones of that our
Kingdome that they might .be aduanced to titles of honor, some by a new
creation, and others by being raised to a more high dignitie then they pre-
sentlie enjoy : Seing these preferments are the cheef marks of a prince's
fauour, whereby both the present age and the posteritie tak notice of his
iudgement and of the subjects' meritt as they find them to be conferred, wee
will no way proceed in that kind but vpon due consideracioun, and therfor it
is our pleasure that yow, as one whom wee speciallie trust, informe yourself,
and aduertise vs of the qualitie and seruices done, or to be done, vnto vs by
anie who desire that fauour, and that yow haue a care to acquaint vs who of
them haue any heretable office, sherrifship, baillerie, stuartrie, or regalitie, that
they first agree for the same ; for wee will not aduance them with whom wee
are to plead for recouering our right to establish that which wee intend for
the good of that our Kingdom. But where none of them haue any such thing
to demitt vnto vs, that there may be some publict seruice done for their pre-
ferrment, it is our further pleasure that yow agree with them for some reason-
able nomber of persones to be furnished out vpon there charges towards the
D
26
ROYAL LETTERS.
[1629.
plantacion of New-Scotland, at the sight of our trustie and welbeloued coun-
sellour, Sir William Alexander, our lieutenent of that bounds, whereby he
may be supplied in that greate work, and that our Aduocat hauing considered
these thinges recommended vnto yow, draw vp and docat the patents of such
as yow agree with, and send them vnto vs, that wee thereafter may proceed as
wee think fitt. So recommending this vnto your care, wee bid yow farewell.
From our Court at Whitehall, the 26 of November 1629.
To our right trustie and right welheloved cousin and counsellour, the Earle of
Monteith, President of our Privie Counsell of our Kingdome of Scotland.
28. King Charles I. to John Earl of Mar, Lord Treasurer.
30th November 1629.
Charles E.
Whereas our right trustie and right welbeloued cousin and counsellour the
Earle of Monteith, President of our Priuie Counsell, and our Justice Generall
of that our Kingdome, hath furnished roabes for the Judges of our Circuite
Courts, and hath sent out his deputies in that our seruice vpon his own
charge : Our pleasure is, and wee do hereby will and require yow, that out of
the first and readiest moneyes arrising due vnto vs by any fines of those
Courts, yow pay vnto him or his assignes the sowme of fyue hundred pounds
sterling, and that how soone the same can be levyed. And for your doing so
these presents shal be vnto yow a sufficient warrant and discharge. Giuen at
Whitehall, the thirtty day of November 1629.
To oure right trusty and right welbeloued cousin and counsellour the Earle of
Marr, oure High Treasurer of oure Kingdome of Scotland.
[Iudorsed as allowed on 23d January 1630.]
1630.] KING CHARLES I. 27
29. King Charles I. to William seventh Earl of Menteith.
30th December 1629.
Charles E.
Eight trustie and right welbeloued cousin and counsellour, Wee greete you
well. Whereas our trustie and welbeloued servant, Sir Eichard Grabarne,
Knight, hath, by a comission from ws, apprehended and putt in ward some
theeves and rebells of the borders, and being willing that justice should be exe-
cuted against them ; Our pleasure is, that the tenth day of Marche nixt to come
you hould ane Justice Court at Jedbrough for that effect, and that you call
vnto you for your assistants the said Sir Eichard, who was ane actor in the
said service, and any other who may most convenientlie be had, and who is
alreadie in our comission for the borders. And if no evident prooffe can be
had against them, that, so farr as law will permitt, you admitt of probable
and apparent circumstances and presumptions for their condigne punishment.
Soe we bid you fairewell. From our Court att Whythall, the 30 of Decem-
ber 1629.
To our right trustie and right welbeloued cousin and counsellour the Earle of
Monteith, President of our Privy Counsell and Justice Generall of that
our Kingdome of Scotland.
30. The Same to the Same.— 9th February 1630.
Charles E.
Eight trustie and right welbeloued cousin and counsellour, Wee greete you
well. Whereas our trustie and welbeloued the Viscount of Drumlanerick his
sone haveing, by a commission from vs, apprehended in the borders those
three theues, fugitives, and rebells, William Weigin in Whisgills, and James
28
ROYAL LETTERS.
[1630.
Weigin, his sone, and Johne Armestronge, alias Tweden, was most contempti-
ouslie opposed in the execution of the sayd comission by a nomber of lewd
persons, named in the roll here inclosed, who did resceu in a most insolent
maner, and asisted the sayd rebells for their better evading, without respect
to our said commission, and seditiouslie convocated others for that purpose to
out heigh contempt, authoritie, and lawes, the like wherof was never co-
mitted in our late deare father's nor our time : For the better preventing the
like vntollerable and dangerous courses hereafter, wee are hereby pleased to
requyre you that you call before you all those that are named in the said
roll, and others who shal be delaited by the sayd Viscount his sone to have
opposed our comission, and, after tryall of there outragious misdemanor, that
you take such a speedie course for their condigne punishment that others may
by there exemple be terrified from all such detestable insurrections and con-
vocations, and lykwise that you give order for apprehending the sayd rebells,
and being taken, that you cause comit them to some of our saife wards, there
to be keept till such punishment be inflicted on them as is agreable with our
lawes provyded in the like cases. Soe wee bid you fairewell. From our
Court att Whythall, the nynte day of Febraarii 1630.
To our right trustie and right welbeloued cousin and counsellour the Earle of
Monteith, Justice Generall of that our Ivingdome of Scotland.
31. Boll of Names referred to in the preceding Lettek.
Johne Scotte of Sintoun.
Eobert Eliot in Dinlebyre.
Gilbert Eliot his sonne.
Willie Eliot, called Eobein's Willie.
Francie Baetie in
Willie Hendersone in the Syde.
Hobbie Hendersone thair.
Symnee Henderson thair.
Willie Foster, called Willie of the
Nuke.
1630.]
KINO CHARLES I.
29
Jokie Baetie, his sonne.
Lancie Airmstrang of Whythauch.
Lancie Airmstrang his sonne.
Francie Airmstrang his brother.
Willie Eliot, called Blakheid.
Hob Eliot of Thorleshoip.
Robert Scott of Satchellis.
James Scott of Quhitislaid Cops-
howhotree.
Willie of the Mylne.
Hobie of the Mylne his brother.
Andro Patersone of Sorbietrees.
Christie Patersone in Manigertoun.
Christie Thomsoun in Abetshawis.
Arthour Hay in the Reidheughe.
Robbie Foster of Gremay.
Robbie Armstrong thair.
Hobbie Rakas in Reylie.
Willie Whyeathauche in Etteltoun
Syde.
Willie Rakas in Over Numbehirst.
Rakas his sonne.
Willie Airmstrani!;, called of Kin-
month.
Sandie Armestrang in Torbune.
Thomas Armstrong, called Tbomas
of Sheillis.
Andro Whigholme in Quhisgillis.
Francie Robisoun in the Flatt.
32. King Chaeles I. to William Eael of Steathern. — 29th March 1630.
Chaeles R.
Right trustie and right welbeloued cousin and counsellour, Wee greete yow
well. Being informed that there be diverse fynes of the Circuite Courts
raised of late from persones fyned within the bounds of the barronie and
regalitie of Glasgow, belonging to our right trustie and right welbeloued
cousin the Duike of Lenox, which being now sequestred vntill such tyme
as it be decyded before the Comissioners of our Exchequer, whither the
samen doe appertaine to vs, or to our said cousin, in whose estate being wn-
willing that any thing be changed during his absence ; Our pleasure is, and
30 ROYAL LETTERS. [1630-
hereby doe requyre yow to have a care to see that the fynes aforesaid be
delyvered vnto our said cousin, his commissioners or agents, and that in all
things concerning him yow give your best assistance, as you can laufullie
doe, which wee will take as speciall good service done vnto vs. Wee bid you
fairewell. From our Court at Whythall, the 29 of March 1630.
To our right trustie and right welbeloued cousin and counsellour the Earl
of Stratherne, President of our Privie Counsell of our Kingdome of
Scotland.
33. King Chakles I. to William seventh Eael of Menteith.
13th April 1630.
Charles Pi.
Eight trustie and right welbeloued cousin and counsellour, Wee greete yow
well. Whereas wee were pleased of late to give yow some instructiones
touching such things as were fitt for the good of our service within that our
Kingdome, and being willing to conferre with yow concerning such of them
as you have alreadie proponed and sett a foote there ; and of those that are
intended to be prosecuted ; Oiir pleasure is, that immediatlie after you have
holden the Justice Courts in Drumfreis, yow repair vnto our Court, where
our further pleasure shal be impairted vnto yow concerning the same. Soe
wee bid yow fairewell. From our Court att Whythall, the thretteene day of
Apryle 1630.
To our right trustie and right welbeloued cousin and counsellour the Earle of
Monteith, President of our Privie Counsell and Justice Generall of that
our Kingdome of Scotland.
fnutfiri,3 J?rr w !&*^ ^&pU<MfcS?(i
/ ( K^ ^utf-
A/^M, £e£ 71-
/?
i A^vccOf i4\ ^vy tr^MP n fMJf &J u
fzm., &hJ~ <ir?is/&
tytld^l Z*\
X faAj. imcev pry frCz ft^MAuLfaotun
<Wfac£, tjy/es f^Uf- f& /Z& i K&^
■
t£
1630.]
KING CHARLES I.
31
34. The Same to the Same.— 25th May 1630.
Charles E.
Eight trusty and right welbeloued cousin and counsellour, Wee greete yow
well. Hauing wreitten to our Deputie Treasurer to heare from yow our
directiones and aduise concerning him, and being willing that yow condiscend
with him vpon the best maner and conditiones as yow shall think most fitt
for the present estate of our affaires and for the good of our seruice for his
surrendring vnto vs of his charge of Deputie Treasurer : Our pleasure is, that
yow seriouslie deale with him to that effect, and as yow shall proceed or con-
clude with him to aduertise vs, that accordinglie wee may resolue what course
to take therein ; which speciallie recommending vnto your care, wee bid yow
farewell. From our Court at Whytehall, the 25 of May 1630.
To our right trustie and right welbeloved cousin and counsellour the Earle of
Monteith, President of our Privie Counsell of Scotland, and Lord Cheife
Justice theire.
35. The Same to the Same. — 2d June 1630. [Holograph.]
Instructions for the Eakle of Muntethe.
Charles E.
You must command the Chancelor in my name, that no motion bee made
in the Conuention but vnder the hand of the Clarke Eegister, and you
must command the Clarke Eegister that he present none but eather
those he shall receaue warranted vnder my hand, or by your aduyce.
My pleasure is that what shall be gotten at this tyme by taxsation be dis-
posed for the bringin in of the few dewties and superioreties.
32 ROYAL LETTERS. [1630.
3. That the Conuention may establish^ the submission by decreete, together
with the annuitie and superioreties, and that those things that ar dis-
putable in the decreete may be ratified by Acte of Conuention.
4. That ye take order for the mainetaining of my houses out of the proper
rents belongin to them.
5. That ye take order that the caswalties of the Crowne pay at least three
tymes the worthe of the Seales.
St. James, the 2 : day of June 1630.
36. King Charles I. to William seventh Earl of Menteith.
18th June 1630. [Holograph]
Monteithe, — My pleasure is that ye calle vpon all my seruants to show
themselfes reallie to bee soe at this Conuention. This is not that I eather
misdoute the justness of what at this tyme shall be propounded to the Con
uention in my name, or thaire reddiness in furthering my sendees ; but by
accpianting them of my intentions, to incurage ther indeuors the more, and in
particular, there is the Chancelor, Mar, and Hadington, that of my owen
knowledge (not to doe wronge to the reste) I expect the most seruice of ;
which for their better incouragment ye may lett them know when ye do
communicate with them my intentions concerning the Conuention.
St. James, the 18 : of June 1630.
For Monteithe.
{ uy 0u
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1630.] KING CHARLES I. 33
37. The Same to the Same.— 18th June 1630. [Holograph.]
Monteithe, — Although those businesses which shall at this tynte bee pro-
pound in the Conuention bee so just, as I haue littell cause to suspect oposi-
tiou, yet it is meete that at this, and all other occasions, those that ar my
seruants show themselfes reallie so to bee in furthering my affaires ; therfore
my pleasure is, that ye call upon all my seruants to show themselfes to bee
soe at this Conuention, and in particular the Archebisheope of St. Androws,
whom I particulate name to you in this paper, because he may know I re-
member him as one of my cheefe and able willing seruants in whatsoeuer I
haue to doe ; and in respect of his caling, and that he is the cheefe of it in
that my ancient natife Kingdom, I put him heere alone.
St. James, the 18 of June 1630.
C. K.
For Monteithe.
38. The Same to the Same.— 12th August 1630.
Charles K.
Eight trustie and right welbeloued cousin and counsellour, Wee greete yow
well. Wee haue agane wreitten to the Lord Napeir that wee haue giuen full
power vnto yow to deale with him for surrendring vnto vs Ms office of Deputie
Treasurer, and that wee will exspect that he will the more willinglie condi-
scend therein with you in regard wee haue dealt with him after so faire a
maner : Therfor our pleasure is, that yow agane deale with him to that pur-
pose, and if he will not yeeld to any faire and reasonable proposition made
by you therein, wee require you to cause put him to a tryall touching anie
thing that can justlie be objected against him in the execution of that office,
E
34 ROYAL LETTERS. [1630.
which course wee will further authorise (if need he,) after what mauer shal he
found most requisite. Wee bid yow farewell. From our Court at Tichburne,
12 August 1630.
To our right trustie and welbeloued cousin and counsellour the Earle of Mon-
teith, President of our Priuie Counsell of Scotland, and our Justice
Generall of that our Kingdome.
39. King Charles I. to William seventh Earl of Menteith.
12th October 1630.
Chables K.
Insteuctiones from the King's Majestie to the Pdght Honorable the
Eaele of Monteith, Lord President of his Majestie's Priuie Counsell
of Scotland.
It is his Majestie's pleasure that the said Earle giue order to his Majestie's
Aduocate carefullie to aduert to his Majestie's interruption of the prescription,
and that he vse his best means that nothing be omitted that may saue his
Majestie's actiones from prescription.
That the said Earle seek and require an accompt of such lettres and
directiones as his Majestie hath formerlie giuen concerning the rectineing of
the abuse of Coyne.
That the said Earle giue order to his Majestie's Aduocate to try the right
of Sir Mongo Morray to the landes of Hunting-tour, and to report the estate
thereof to his Majestie.
That the said Earle desert out of his Court of Justice Generall any dyett
concerning Wdliam Gordon of Mooresade, and one who was a seruant of his,
because his Majestie hath required his Counsell to vse their best meanes to
compose those differences in a frcndlie maner.
1630.] KING CHARLES I.
That the said Earle conferre and aduise with his Majestie's Chanoeler and
Treasurer concerning the fishing busienesse, and that they joyne togidder in
that and in euerie thing that may conceme the aduancement of his Majestie's
seruice.
That the said Earle conferre and aduise with the Lord Chanceler, the
Archbishop of St. Androis, Treasurer, Prime Seale, and his Majestie's Aduocat,
or any three of them, whither it be fitt for the good of his Majestie's seruice
to mak vse of the Commission signed for the Exchequer wherein the officeis
are onely joyned with the Treasurer and Deputie-Treasurers, or if the said
officers or some of them shall onely be put upon the qiioruni or otherwise
what Commission they shall think best to be vsed therein, that one may
be drawen vp accordiuglie for his Majestie's hand. Giuen at his Majestie's
honour of Hampton-Court, the 12 of October 1630.
'fflCmcr
40. The Same to the Same.— 11th October 1630.
Charles E.
Eight trustie and welbeloued cousin and counsellour, Wee greete yow well.
Hauing occasion at this time to conferre with yow touching some thinges
concerning our seruice, wee require yow with all diligence to repair vnto
our Court, where our further pleasure shal be made knowen vnto yow. Wee
bid yow farewell. From our honour of Hampton Court, the 1 1 of October 1630.
To our right trustie and right welbeloued cousin and counsellour the Earle
of Monteithe, President of our Privy Counsell within our Kingdome of
Scotland.
36 ROYAL LETTERS. [1631.
41. Louis XIIL, King of France, to the Count de Montide, [Eael of
Menteith,] thanking him for the protection he had given to the
Catholics in Scotland. — 21st December 1630.
Monsieur le Comte de Montide, j'ay sceu par le Marquis de Fontenay, mon
ambassadeur en Angleterre, de quelle sorte vous auez receu les offices et
recommandations qu'il vous a faictes en mon nom en faueur des Catholicques
d'Escosse, et les preuues que vous auez commence de leur rendre de votre
protection sur les occasions qui se sont passees dont je ne puis assez louer.
Vous priant de continuer en cette bonne intention, de laquelle outre la recom-
pence qui vous est reseruee je vous tesmoigneray mon ressentiment par les
preuues de ma bienueillance en tout ce qui s'offrira pour votre contentement
ainsy que ledit Marquis de Fontenay vous fera scauoir plus particulieremeut
de ma part ; auquel me remettant je prie Dieu, Monsieur le Comte de Montide,
vous auoir en sa saincte garde. Escrit a Paris le xxi e Decenibre 1630.
Louis.
Bouthilliee.
A Mons r le Comte de Montide.
42. King Charles I. to William Earl of Morton. — 27th February 1631.
Charles E.
In reguaird wee haue been pleased to requyre our right trustie and right
welbeloued cousin and counsellour the Viscount of Duplin, our Chancellour,
to delyver vnto you the moneyes of any taxations togidder with the conceal-
ments thereof, of which he is Collector generall, for discharging of some
special! warrants concerning which wee did expresse our pleasure vnto you ;
'/?
Am{jl fMJUH cy<w
. puu^tn
vt\j/tvix/xj?i4
/ <?/ '
' y*«sfe*&/?nr
1631.]
KING CHARLES I.
wee are hereby pleased to requyre you that out of the first and readiest of the
last taxations granted in the moneth of August 1630, you pay vnto our right
trustie and right welbeloued cousin and counsellour the Earle of Monteith,
President of our Privie Counsell, the sourne of eight thousand pounds sterling,
togidder with the ordinarie interest, as his warrants doe beare, and that you
accept of this our warrant and testifie wnder your hand to the said Earle your
acceptation thereof : and thereafter that you see vs discharged of that debt so
owing by vs vnto him. And for your soe doeing these presents shal be your
sufficient warrant and discharge. Giuen at his Majestie's Court at Whitehall,
the 27 ofFebruar 1631.
To our right trustie and right welbeloued cousin and counsellour the Earle of
Morton, Treasurer of our Kingdome of Scotland.
43. King Charles I. to William seventh Earl of Meoteith. — 31st July
1631. [Holograph except the address.]
Monteith, — I haue giuen you dyuers instructions wherof I expect a particular
account of, and to which I must add this one word, that is, ye must deale
about the reseruations for the fishing business to keepe out those places from
being reserued that I haue tould you of, becaus I foresee that otherwais that
great business wherof I haue had so great a care of will runn a hazard ; so
God speed your indeauors.
C. E.
Otlands, the 31 of July 1631.
To our right trustie and right welbeloued cousin and counsellour the Earle
of Monteith, President of our Privie Counsell of our Kingdome of
Scotland.
38 ROYAL LETTERS. [1631.
44. King Chaeles I. to William seventh Eakl of Menteith.
31st July 1631.
Charles E.
Peiuate Insteuctiones from his Majestie to the Earle of Monteith,
now Erll of Stratherne. 1
To deale with the clergie for setting of their greeuances in the mater of
valuation of tithes, and to answer to euerie point of the lettre wreitten hy the
Archbishop of St Androis vnto his Majestie.
To haue a care that the bussinesse of the fishing may be well and timely
concluded, and the commission returned before the midle of September
ensueing.
To aduert to the busienesse of the salt and coll.
To deale with the brugh of Edenbrough that they may buy so much of
that bargaine which his Majestie hath agreed for with the Earle of Eoxbrugh,
or is fitting for them to haue.
That the said Earle returne vnto our Court with the rest of the commis-
sioners before the tenth of September ensueing. Giuen at his Majestie's
Court at Oatelandes, the last day of July 1631.
45. King Chaeles I. to William Eael of Steatheen and Menteith.
15th September 1631.
Chaeles B.
Eight trusty and right welbeloued cousin and counsellour, Wee greete yow
well. Hauing at your last departure from our Court granted vnto yow no
longer time of stay there, then the fifteene of this month, but knowing that it
1 This addition is in another Land.
1631.] KING CHARLES I. 39
is requisite for the good of our seruice that yow be present at that meeting of
our Counsell which is appointed to be shortlie at our brugh of Perth : Our
pleasure is, that yow be present thereat, and imniediatlie thereafter yow repair
to our Court. Wee bid yow heartilie farewell. From our Court at Theo-
baldes, the 15 of September 1631.
To our right trusty and right welbeloued cousin and counsellour the Earle of
Stratherne and Monteith, Lord President of our Priuie Counsell of our
Kingdome of Scotland.
46. King Charles I. to William Earl of Morton, Treasurer, and the Lord
Traquair, Treasurer-Depute. — 30th November 1631.
Charles E.
Forsamekle as wee ar informed that their is some pairt of our preceptis of
aucht thowsand pund sterling grantit be ws to our trustie couseing and coun-
sellour the Erie of Stratherne, President of our Counsell, to be payed out of
the lait taxatioun grantit in the monethe of August i™ vi° and threttie, as yeit
restand auchtand vnpayet to the said Erie : Theirfoir it is our speciale plea-
sour that yow cause him to be payed of the said rest, furtive of the first and
readiest of our said laite taxatioun, or of any vther of our rentis or casuabties
exprest in his preceptis : for the cpihilk thir presentis shall be to yow ane
sufficient warrand, and that notwithstanding of quhatsumever former com-
mand, warrand, or directioun gevin be ws to yow anent the moneyes of the
said taxatioun. Gevin at Whythall, the last of November 1631.
To our rycht trustie couseingis and counsellouris the Erie of Mortoun,
our Thesaurer Principall, and the Lord Traquaire, our Thesaurer
Depute.
40 ROYAL LETTERS. [1632.
47. King Charles I. to Viscount Dupplin, Chancellor, and others, Com-
missioners of Exchequer in Scotland. — 13th January 1632.
Charles E.
Eight trustie and right welheloued cousin and counsellour, right trustie and
welbeloued cousins and counsellours, and right trusty and welbeloued
counsellours, Wee greete yow well.
Hauing signed a grant of fifteen thousand poundes sterlin money to our
right trustie and right welbeloued cousin and counsellour the Earle of
Stratherne, Lord President of our Priuie Counsell of that our Kingdome, in
consideracion of the good and faithfull seruices done vnto vs for the good
thereof, of which wee haue been pleased to tak speciall notice ; Our pleasure
is, that with diligence yow exped the said grant according to the tenor there-
of, and that yow mak Actes of Exchequer therevpon ; and for your so doing
these presents shal be vnto yow a sufficient warrant. So wee bide you faire-
well. Erorn our Court att "Whythall, the thretteen day of Januar 1632.
To our right trustie and right welbeloued cousin and counsellour, to our right
trustie and right welbeloued cousins and counsellours, to our right
trustie and welbeloued counsellours, and to our trustie and welbeloued
counsellours, the Viscount of Duplin, Chancellour of our Kingdome of
Scotland, the Earle of Morton, our Thesaurer, and to the remanent
Earles, Lords, and others Commissioners of our Exchequer within our
said Kingdome.
^t^uni u n*f~ oyu ft c ikm^
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ftrf; <m4 QtxMm.
f£t f/: <€ty y f*^
1632.1 KING CHARLES I. 41
48. King Chakles I. to William Eael of Steathebn.
14th March 1632.
Chaeles B.
Eight trustie and welbeloued cousin and counsellour, Wee greete yow weell.
Though wee excuse your suddaine goeing away in regaird of the occasion that
moved yow therunto, yett haueing brought the busines concerning the fishing
neare vnto ane end, wee desire befor it be concluded fully to haue yow pre-
sent, that wee may conferre with yow thereupon, as lykewayes vpon other
affaires concerning our service, and therefor exspecting yow hear so soone as
yow can convenientlie, Wee bid yow fairewell. From our Court att New-
markett, the fourteene day of Marche 1632.
To our right trustie and right welbeloued cousin and counsellour the Earle
of Stratheren, President of our Privie Counsell of our Kingdome of
Scotland.
49. The Same to the Same.— 17th July 1632. [Holograph.]
Steetheaese, Because I see by what ye haue towld me that Oghltrie is not
lyke to receaue suche a sentence as his falte deserues, therfore I command
yow (for this and manie other reasons,) not to bring [him] to his tryall, but
command him that he com not within 50 myles of my Court, upon paine of
my hauiest displesure ; for all which this is your warrent. At Oatlands, the
17 day of July 1632.
Chaeles B.
For Stretherne.
42 ROYAL LETTERS. [1632.
50. King Charles I. to the Commissioners of Teinds.
15th August 1632. [Copy.]
COMMISSIOUN FOE SUERANDERIS.
Eight, &c, Wee haue heard of the good progresse made be yow iu the
matters of tythes and valuationis, theirof approving both of the ordour taken
by yow for drawing of the same before yourselfs, if the heretors and titularis
doe not their diligence at the tymes appointed be yow, and of your cair taken
for rectefieing of the reports at the instance of our Advocat, quhair the tythes
are undervalued, to the prejudice of the Churche's maintenance, and of ws in
our annuitie ; and being informed of the course lykewayes taken by yow for
geveing to all heretoris indefferentlie the leading of their awin tythes upon
suirtie for payment of the tythes valued to the titulars, they haveing submitted
or not (it being ane course which in all equitie ought to be universall,) wee
giue yow hartie thankis for your cair and diligence thairin, and doe will yow
to proceid in that worke according to these rules alreadie begunn, till it be
finished, and where the tythes be undervalued, whereby the Church and wee
may suffer most : Our pleasure is (though both titular and heritour be silent,)
that yow haue a speciall cair to rectefie these valuationis, and that the persuit
goe on in our Advocat's name, least there might be collusion between them
to our prejudice, which recommending to your cair wee bid yow fairweell.
The 15 of August 1C32.
Dorso — Copie of his Maiestie's letter to the Commissioneris of Teindis anent
the Valuatiouns, etc.
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1632.] KING CHARLES I. 43
51. King Charles I. to William Earl of Strathern.— 15th August 1632.
[Holograph.]
Stretherne, — Becaus that (by the grace of God) I mynd to repaire to Scotland
this next yeare, it [is] necessair, amongst other things, that the toune of Eden-
borough haue a well chosen Prouost, therfor I command you that ye prohibit
them in my name to chuse anie unconforme man to that place, as lykwais
to recommend to them one of those that I haue mentioned to you, expecting
that they will haue a respect to my recommendation, though I leaue them to
there free choise. So farwell. The 15th of August, at Bewlie, 1632.
Charles E.
To Stretherne.
52. The Same to the Same.— Bagshott, the 30th of August 1632.
[Holograph.]
Stretherne, — I confess I thought that I should not haue beene trubled with
thease two businesses anie more, for I understude that ye undertooke them
bothe, and that there needed not a warrand for the first of them under my
hande. As for Carrik, he cannot beliue that ye will forge a message from me
to him ; howsoeuer, it were an odde thing for me by a warrand to prohibit a
man to buy land for his monie, though I confess it to bee verie fitt for a
message in this particular : concerning Ochiltrie, if I be not deceaued, ye haue
alreadie under my hand a direction what to doe with him, therfor I need say
no more of him ; and for the first, if there neede anie warrend, this that I haue
now written is sufficient. So for this tyme I rest your louing frende,
Charles R.
For Stretherne.
44 ROYAL LETTERS. [1632.
53. King Charles I. to William Eael of Steathern. — 27th September 1632.
Charles E.
Eight trustie and right welbeloued cousin and counsellour, We greete yow
well. Whereas wee are informed that as yet there is but a small progress
made in the tryall of the lamentable death of the Viscount Melgum and
others, wee hauing wreitten at seuerall times that all lawfull and speedie
meanes might be vsed for bringing the tryall of that mater to light, and par-
ticulerlie for torturing of one John Melclrum, of whose guiltinesse there are
some greate presumptiones proceediug (as wee are informed,) from his own
confession, and seing it is enacted by our Prime Counsell that he should be
tortured, which, if it be done in time, may much conduce to any subsequent
tryall for clearing of that busieness : Our pleasure is, and wee do hereby
authorise and require yow to cause torture the said Meldrum with all dili-
gence, for which these presents shal be your warrant, and wherein yow shall
do vs acceptable seruice. Wee bid yow farewell. From our honour of
Hampton Court, the 27 of September 1632.
To our right trustie and right welbeloued cousin and counsellour the Earle of
Strathern, President of our Priuie Counsell of Scotland.
54. The Same to the Same.— 27th September 1632.
Charles E.
Eight trusty and right welbeloued cousin and counsellour, Wee greete yow
well. Yow will perceaue by our lettre to our Counsell our intention touch-
ing a complaint made vnto vs in behalf of our right trustie and welbeloued
cousin and counsellour the Marquise of Huntlie, that in the late proceedings
for trying of one Toschoch touching the death of the Viscount Melgum, delay
1632.] KING CHARLES I. 45
was made by the Justice Deputs to the hinderauce of justice, wherein seing
our princely care still is that all lawfull and speedie wayes may he vsed for
bringing the truth of that busienesse to light, wee will exspect at your handes
both in regard of your charge and trust from vs, that yow see no lawfull
meanes omitted for the due and timely tryall of that complaint, and that yow
will therein vse your most effectuall and readie endeauours, and certifie vs of
your opinion touching the same. Wee bid yow heartily farewell. From our
honour of Hampton Court, 27th September 1632.
To our right trustie and right welbeloued cousin and counsellour the Earle of
Strathern, President of our Priuie Counsell of Scotland.
55. King Charles I. to Geokge Viscount Dupplin, Chancellor, and Others.
3d October 1632.
Charles E.
Eight trusty and right welbeloued cousins and counsellours, Wee greete yow
well. Being fullie resolued to repair thither, God willing, the next sommer,
where wee are desirous that all tilings at our commiug and aboade may be in
such readinesse and order as may answer our expectation and care of the
credite of that our ancient Kingdome, wherein conceauing that it is requisite
that before our comming thinges be so forseene and prouided in due time as
they were at the time of our late royall father his being there ; Our pleasure
is, that yow call to mind or informe yourselfes of the wayes and meanes
prescribed and taken for his receauing and intertainment, and so forsee for
things that nothing necessarie and fitt be wanting at our being there, and
that yow considder of such offices as are necessarlie recpiisite to be established
during our residence, without drawing vpon vs any superfluous or vnnecessarie
place or charge, and to that effect that yow mak a roll of them that are needful],
id
ROYAL LETTERS.
[1632.
and a list of such persones' names as yow shall think most fitt to discharge
the same, that wee may mak choice of such of them as wee shall think fitt ;
vpon all which, hauing deliberatlie treated what is fitt to be done and pro-
uided, let vs be certified thereof with all diligence by yow, our Treasurer and
President of our Priuie Counsell, whom wee will to come fullie instructed to
giue vs satisfaction herein ; but if yow shall find a necessitie that a Commis-
sion be giuen by vs to this purpose, wee require yow to cause our Aduocate
draw such one as yow shall think requisite, and send the same to vs, with a
blank for the names which wee will cause fill vp, and returne with diligence.
All which wee speciallie recommend vnto your care, and bid yow farewell.
From our honour of Hampton Court, 3 October 1632.
To our right trustie and right welbeloued cousins and counsellours, and to our
right trustie and welbeloued counsellour, the Viscount of Duplin, our
Chanceler, the Earle of Morton, our Treasurer, the Earle of Strathern,
President of our Priuie Counsell, and the Lord of Traquhair, our Deputie
Treasurer of our Kingdome of Scotland.
56. King Charles I. to Willtam Earl of Strathern. — 9th December 1632.
Charles E.
Whairas yow at our speciall command haue agreed with the Lord Halyruid-
hous for the disponing to vs of the hous and precincts off the said Lordship,
haill teinds, and vthers thairto appertaining, These are thairfore to will and
requyre yow, in our name, to command him that he mak no vther bargaine
with any off our subjects off the same, nor no parcell thairoff, till Witsonday
next, at the quilk tyrne we sal give ordour for his payment of the soumes
agreed and promittit to him for the same, as also if yow sal find it fitt that
yow give ordour that the Commissioun of the surranders supersaid any
1632.] KING CHARLES I. 47
medling with the teynds of the said Lordship, or kirks of the same, till the
first of July next, for doing qhairoff these presents sal be to yow ane sufficient
warrant. Gevin at our Palace att Whytehall, the nynt day of December 1G32.
To our richt truistie and weil beloued cousyn and counsalour, William Earle
of Stratherne, President off our Counsall off Scotland.
57. The Same to the Same. — 9th December 1632.
Charles E.
Whairas we haue given warrant to our Advocatt to call to him Maisters
Andro Aytoun, Thomas Mcolsoun, and Lues Stewart, Advocats, and consult
with thame whidder it be fittest for our seruice, that the seruices and retours
quhairby yow ar serued and retourit to vmquhile Dauid Earle off Stratherne,
and vmquhile Euphame, Countes off Stratherne, sould be deleit fuirth of our
registers or reducit ; These ar to will and command yow to caus administer
ane oath solemnelie to thame all, and to caus thame vpon thair oath delyver
thair opinyouns and judgements, and sett the same doun in writ vnder thair
hands, and returne the same to vs, and that ye ar in our name command
thame to keip the same secreit, quhairanent thir presents sal be to yow ane
sufficient warrant. Gevin at our Palace at Whytehall, the nynt day of
December, the zeir off God 1632.
To our richt truistie and weil beloued cousyn and counsailour William Earle
of Stratherne, President off our Counsaill off Scotland.
58. The Same to the Same. — 14th December 1632.
Charles E.
Eight trusty and right welbeloued cousin and counsellour, Wee greete yow
well. Whereas wee were long since pleased to grant a Commission for
48 ROYAL LETTERS. [1632.
reuising the Acts of Parliament, that such of them as were considered and
collected by our Commissioners appointed for that purpose, might be in readi-
nesse to be rectified and ordered in the next Parliament, according to the
intent of that Commission : Hailing at this time directed yow vnto our
Ivingdome of Scotland, for affaires speciallie importing the good of our
seruice, wee are pleased, amongst other thinges, speciallie to recommend vnto
yow to informe yourself of all that hath proceeded in that Commission, and
to report vnto vs the true estate thereof, representing in our name to those
Commissioners that they speedilie proceed to haue all things touching that
Commission in readinesse at our coming thither this next spring of the yeare ;
and that yow particularlie recommend to the Lordes of our Colledge of
Justice for contributing their ayde at their best conveniencie in furthering
that work, which wee will tak as very acceptable seruice done vnto vs, and
which wee will particulerlie acknowledge at their hands whensoeuer occa-
sion shall convenientlie offer to that purpose. Wee bid yow heartily farewell.
Prom our Court at Whitehall, the 14 of December 1632.
To our right trustie and right welbeloued cousin and coimsellour the Earle
of Strathern, President of our Priuie Counsell of our Kingdome of
Scotland.
59. King Chaeles I. to William Eael of Stratheen.
21st December 1632.
Chaeles E.
Eight trusty and right welbeloued cousin and counsellour, Wee greete yow
well. Hauing wreitten to our Aduocat to persue George Nicoll before yow or
your deputies for such false and malitious calumnies which yow did heare
in our own presence, Our pleasure is, that yow cause his punishment be
1633.] KING CHARLES I. 49
speedilie sentenced, as shall best accord with justice and the foulnesse of his
offence, which wee will talc as good seruice done to vs. Wee bid yow fare-
well. From our Court at Whitehall, the 21 December 1632.
To our right trustie and right welbeloued cousin and counsellour the Earle of
Strathern, President of our Privie Counsell of Scotland.
60. King Charles I. to William Earl of Airth, President of the Privy
Council of Scotland. — 21st January 1633.
Charles E.
Eicht trustie and richt weelbeloued cousing and counsellour, We greet yow
weell. Seeing we haue commanded our Advocat to intend ane actione of
reductione of thes services to David Erie of Stratherne, and Euphame Countes
of Stratherne, we doe heerby promise that if in the said actione we doe evicte
your barronie of Kilbryd, we shall immediatly dispone the same to yow
heritablie, and becaus we haue in all this bussines of Stratherne, from the
first to the last, found your great affectione to our service, we will tak a
speciall care of the weell and standing of your hous, that vtheris heerafter
may be incouraged to doe ws good service. So we bid yow heartily fareweell.
From our Court at Whitehall, the 21 of Januier 1633.
To our right trustie and right welbeloued cousin and counsellour the Earle
of Airth, President of our Priuie Counsell of our Kingdome of Scotland.
61. King Charles I. to William Earl of Strathern. — 23d February 1633.
Charles E.
Eight trusty and welbeloued cousin and counsellour, Wee greete yow well.
Though wee were pleased vpon some false and malitious calumnies suggested
50
ROYAL LETTERS.
"1633.
vnto vs by one George Nicoll, against some of our cheef officers, to giue order
vnto yow as our Justice- Generall to cause his punishment be speedilie sen-
tenced, as should best accord with justice and the fouleness of his offence, yet
vpon some consideraciouns now moving vs, wee baue required our Counsell
to tak the ordering of that cause before them. Therefor our pleasure is, that
yow cause your deputs cease from all proceedings touching that purpose,
leauing our Counsell to tat such order therein as they shall think fitt, for
which these presents shal be vnto yow and your said deputs sufficient warrant
and discharge. Wee bid yow fairewell. From our Court att Whythall, the
23 of February 1633.
To oure right trusty and welbeloued cousin and counsellour the Eaiie of
Stratherne, President of our Privy Counsell of our Kingdome of Scotland.
62. King Chakles I. to the Commission anent the Earl of Airth's Process.
1st May 1633. [Copy.]
Wheras we haif bein informed by oure trustie and weilbeloved Sir James
Skene, Knycht, President of oure Colledge of Justice, that he would
vndertake to prove that it was said to him that oure richt trustie and
weilbeloveit cousing and counsallour the Earle of Airth, President of
oure Counsell, affirmed that he should haif bein King of Scotland, and
that it was said to him that he affirmed to haif better, or as guid rycht
to the Croune as we ourselffis, that it mey be dewlie tryed whither these
treasonable speecheis wherwith the said Earle is accused be true, or if they
be bot calumnies ; it is oure pleasour, that zow, to whom these presentis
ar directed, or any sex of zow, oure Chancellour, or any of the tuo Arche-
bischopis being one, doe convein and call befoir zow the said Sir James, and
caus him condiscend vpoun the names of his reporteris, and in caice they
1633.] KING CHARLES I. 51
should deny, then zow shall examine such witness as the said Sir James
shall produce againes his said reporteris, and to bring them before zow, and
if his authouris haue it only by the report of otheris, that zow proceid till
zow haue sum who doe affirme to haue hard it immediatlie frome himself, and
that zow examine all such witness as shall be produced vnto zow (they
being nobilmen or men of guid qualitie and reputatioun, or such as against
quhome their can be no legall exceptioun,) vpoun the said report, tyme,
pleace, and other circumstances requisite, and theirafter, quhen zow haif done
with the tryall, that zow send to ws the severall depositiones of the said
witness, everie one of them haueing signed that which is his owne ; for
doeing wherof these presentis shall be zowr sufficient warrand. Givein at
Whythall, the first of Maij 1633.
To oure rycht trustie and weilbeloved cowsing and counsallour George
Viscount of Duplin, our Chancellour ; to the rycht reverend fatheris
in God, oure trustie and weilbeloved counsallouris, Johne Archebischop
of St. Androis, and Patrik Archebischop of Glasgow; to our rycht
trustie and weilbeloved cowsingis and counsallouris William Erie of
Mortoiui, oure Thesaurer, Thomas Erie of Hadinton, Lord Privie Seill,
Johne Erie of Lauderdaill, William Viscount of Air; to oure rycht
trustie and weilbeloved counsallouris Johne Lord Traquair, oure Deputie
Thesaurer ; and to oure trustie and weilbeloved counsallour Sir Johne
Hay of Landis, Knycht, oure Clerk of Eegistre, or to any sex of zow,
oure Chancellour, or one of the two Archebischopis being one.
63. The Same to the Same.— [1633. Copy.]
The authouris that he hes give vp to me ar, the Lord Eamsay, the Constable
of Dundie, for the saying that he should haif bein King of Scotland ; and for
52 ROYAL LETTERS. [1633.
the other speecheis of haueing as guid rycht to the croune or better then my
self, the Erie of Wigtovm and Sir James Maxwell of Calderwood ar named :
thairfor I command zow to call for and examine them four abouenamed witht
all expeditioun, and send their examinatioimes to me, witht all diligence ;
nevertheles goeing on as fast as ze can to hunt this report to the seat, to the
end that (if it mey be) I mey sie ane end of this bussines before I come to
Scotland.
Sic subscribitur C. R.
64. King Charles I. to the Chancellor anent the Earl of Airth's business.
1st May 1633. [Copy]
Charles E.
Hight trusty and weilbeloved cousin and counsellour we greit zow weill. We
have sent zow heirwith a commissioun for tryall of that which is alledged
against our right trustie and weilbeloved cousin and counsellour the Erie of
Airth, President of our Privie Counsell, with the names of sutch persounes
sealled vp to be delyvered to zow. And it is our pleasour that, haveiug con-
veined with all possible diligence with zow the Archbischopis of Santandrewes
and Glasgow, the Erles of Mortoun, Hadintoun, and Lauderdaill, the Vicount
of Air, the Lord Traquair, and Sir John Hay, Clerk Piegistre, or ony sax of
zow, zow or on of the tuo Archbischopis being annexit, and thay aud zow
being appoyntit by vs Commissioners for the tryall of this bussiness, zow
opin the Commissioun before thame and so proceid for examining of sutch
witness as shall be produced to zow according to the Commissioun. And if
any of the saidis Commissioners shall be vsit be the partie informer as witness,
though thair do not remain so many as we have sett doun for the coram, it is
our pleasour nevertheless that the rest shall proceid ; and if any of the said
Commissioners sal be vsit as witness, we appoynt ' that his depositioun vpone
1633.] KING CHARLES I. 53
oath be presentlie taken, and in cace he do not depone that he hard the said
Erie speak that which is alledgit in the tuo articles gevin in against him, that
he be immediatlie reponed in the place of his Cornmissioun as gif he had not
bein vsit as a witnes. And it is our pleasour lykwayis that the said Erie be
allowed to mak vse of advocatis with whom he may consult and defend his
caus als farr as hath bein or can be laufullie granted in the lyk cass. We
bid zow fareweilL Erom our Court at Whythall, the first day of May 1633.
65. King Charles I. to William Earl of Airth. — 7th May 1633.
Charles E.
Airth, — I give zow licence, if it please zow, to retire to any of zour owne
houses in the cuntrey till my comeing to Scotland, at which tyme (and efter
these things ar cleared, which we houpe to be but calumnies wherewith zow
ar charged,) we will not feall to have a cair of the standing of zour house, and
of zour credit, and will give zow that marke of our favor which we promised
to zow heirtofore. At Whythall, the 7 of May 1633.
66. King Charles I. to Mr. Thomas Nicolson and other three Advocates to
appear as Counsel for the Earl of Airth. — 23d June 1633.
Charles E.
Trustie and welbeloued, Wee greet yow well. Whereas our right trustie and
right welbeloued cousin and counsellour the Earle of Airth is to compeere the
morne by his Advocats for answering such obiectiones as of late are layed to
his charge, wee being verie willing that he vse what laufull nieanes he possi-
blie can for cleiring of himselfe : Our pleasure is, that haueing with all dili-
gence informed yourselfe of the estate of his cause, and what he can alleadge
54 ROYAL LETTERS.
vpon his pairt, yow compeere at that tyrne in his behalf for clearing and
answering to the said obiectiones, for which these shal be your warrant.
Given at our Court at Halyrudhouse, the 23 day of June 1633.
To our trustie and welbeloued Mr. Thomas Mcolsone, Mr. Eoger Mouet,
Gilbert Nilson, and Mr. Dauid Prymrose, Advocats.
67. King Charles I. to William seventh Earl of Menteith.
[Circa June 1633.]
Charles E.
Eight trustie and right welbeloued cousin and counsellour, Wee greete yoAv
well. Whereas wee formerlie were pleased to conferre a title of honour vpon
our trustie and welbeloued counsellour Schir William Alexander, our Princi-
pall Secretarie for Scotland, whereof the signatour wee deliuered vnto yow,
but were pleased vpon some consideraciouns that the passing thereof might
be delayed for a time : Our pleasure is, that yow cause exped it with all dili-
gence, according to the tenour thereof, and for your so doing these presents
shal be your warrant.
To our right trustie and right welbeloued cousin and counsellour the Earle of
Monteith, President of our Privie Counsell of our Kingdome of Scotland.
68. King Charles I. [to the Earl of Traquair,] intimating his Majestie's
pardon to the Earl of Airth— 14th July 1633.
C. E.
If you find the Earle of Arthe cum to such a confession as will give us satis-
faction, We be thes give yow warrand to assure him of his lyf and forfaitour. 1
Given at Seaton, the 14 of July 1633.
1 In the original, the word " fortune " had King's own hand, who also substituted the
been at first inserted, and is deleted by the word " forfaitour."
1633.] KING CHARLES I. 55
69. King Chaeles I. to [Archbishop Spottiswoode] anent the Earl of
Airth's affairs. — [Circa 1633. Copy.]
Right reuerend father in God, and trusty and wellbeloued, Wee greete yow
well. Hauing vnderstood by your report of the Earle of Airth his cautioners
and creditours faire and legall proceeding for recouerie of those moneyes
which they have payed and vndertaken for him, and the releef of his debts,
wee are well pleased therewith ; and hauing taken to our princely considera-
cione his distresses and their suffringes, wee haue given order to our officers
to pay to him with all possible diligence those moneyes which we were
formerlie pleased to grant vnto him towards the releef of his said burdens,
that thereby his estate may be recouered and his cautioners and creditours
frecl of their reall disbursements and vndertakings for him ; but because wee
conceaue that the conveniencie of our other iust affaires will not allow all to
be payed at one ferine, Our pleasure is, that yow tak some faire course for
securing legallie his cautioners and creditours for their principall sowmes
(prouiding the same inferr no present possession of his estate or any part
thereof for their said sowmes,) for the space of two yeares or longer if you shall
think fitt, for payment thereof, that after the expiring of that time they haue
such an irredimable suretie as may inferr reall and actuall possession of his
estate for their principall sowmes, at least for so much as shal happen to be
vnpayed at the said time, and that he be not further obliged for exhibition
and deliuerie of his wreitts, then to exhibit such as may mak appear to yow
and them that he is infeft in the estate, and that he nor his appearand heirs
cannot dispone thereof to the creditours' and cautioners' preiudice, and that
during the forbearance of their principall sowmes they may not suffer be want
of their due interest ; Our further pleasure is, that forthwith yow see them fullie
56 ROYAL LETTERS. [1634.
secured of the termely payment thereof, and if the said interest be not termly
payed that he amitt the benefite of the said forbearance ; the legall perform-
ance of all which wee recommend to your care, and bid yow farewell.
70. King Chakles I. as to the distressed state of the Earl of Aieth.
[Circa 1634.]
Charles K.
Haveing taken to our princelie consideratioun the distressed estait of the
hous of Airthe, Wee ar graciously pleased to give towards the releiff of the
debtis wherewith the same is presentlie burdened the sowme of six score twelf
thowsand merkis Scottishe ; and dureing the forbeirance and not payment of
the said sowme, or most pairt theirof, the sowme of fyue hundred pounds
sterlin yearlie. And for the more ready and better releiff of the burdeins of
the said hous, wee ar pleased to buy that hous neir to Halyrudhous, whiche
belongeth to the Erie of Airthe, and vpon his secureing of ws theirof, to give
to him the sowme of eighteine thowsand merkis Scottishe. And farder, wee
ar content to buy in the Countesse of Airthe hir pensioun of fyve hundreth
pund sterling ; and vpon hir and hir husband their resignatioun of the same,
to give theirfore the sowme of threttie thowsand merkis Scottishe. The legall
and formall performance whereof wee do recommend to Traquair. Given at
71. King Charles I. authorizing a Grant for the Belief of the Earl of Airth.
24th February 1634.
Charles K.
It is our pleasour that you caus our Advocat draw up a signator for our Eoyall
hand, containing the soume of eight thousand pounds sterlin, to be payed out
of the first and readiest of our rents, casualities, taxationes, etc., to Johne Lord
1635.] KING CHARLES I. 57
Kilpont, towards the releif of the Earle of Arthe's debtes. As alsoe that he
draw up a renunciatione to be signed be the sayd Earle of Arthe of all formar
pensiones, precepts, and gifts of money quhatsumevir given by us to him ;
togider with a formall and legall dispositione of that hous belonging to him,
and lyand nixt adjacent to our palice of Holyrudhous. Given at Quhythall,
the 24 day of Februarie 1634.
72. King Charles I. [to the Earl of Kinnoul,] "Warrant in favour of the
Earl OF Airth for £10,000.— 12th January 1635. [Copy.]
Charles E.
Right trustie and weilbeloued, Whereas wee ware pleased to assigne towardis
the payment of ten thowsand poundis sterlin, which wee did bestow vpoun
the Erie of Airth, conforme to oure former warrandis gevin vnder oure hand
at Hamptoun Court, the day of last bygane, the remander of
the taxatiounes quhereof the late Erie of Kynnowll your father was collectour,
and to the collection quhereof yow now succeid in his place ; and wee being
still of the same resolutioun, Oure pleasure is, that yow mak good and thank-
full payment of all such soumes as was found restand be him of the foirsaid
taxatiounes to the said Erie of Airth, or to oure Treasurer or Treasurer
Depute, for his vse, either of whose discharges shal be to yow a sufficient war-
rand : And to this effect oure pleasure lykwise is, that yow delyuer in all your
accompts of the saidis taxatiounes to oure Exchequer betwix and the 10th
day of May nixttocum. Gevin from our Court at Whitehall, the 12th day of
Januar 1635 yeires.
58 ROYAL LETTERS. ["1637.
73. King Charles I. to William Earl of Airth. — 28th December 1G36.
Charles R
Eight trusty and welbeloued cousin and counsellour, Wee greet yow well.
Hauing vnderstood how yow out of your affection to do vs seruice caused
apprehend the eldest brother of Gilroy, hauing a gentleman, a neare kinsman
of yours, killed in that seruice, wee giue yow thankes for the same. As heretofore
yow haue found how gratious wee haue been towards yow, so if yow continue
the like course as occasion offers in what may concerne the good of our seruice,
it wil be the best way to recouer our good opinion, and so we bid yow farewell.
From our honour of Hampton- Court, 2S December 1636.
To our right trustie and welbeloued cousin and counsellour the Earle of Airth.
74. King Charles I. to William Earl of Morton, Treasurer, and Others.
7th November 1637.
Charles R
Quhairas be our former warrand direct to zow, We gave speciall command
for payment to be maid be zow to our trusty cousing and counsallour
Willianie Erie of Airth of all such soumes as wes dew to ws furth of the laitt
taxatiouns or conceilments thairof be our vmquhile trusty cousing and coun-
sallour, the Erie of Kinnoull our Chancellar, and be George now Erie of
Kinnoull, his sone, collectour of the said taxatiouns at the fitting of thair
accompts ; and forsamikill as we have beine pleised since syne to dischairge
ane pairt of the saids soumes in favouris of the said George Erie of Kinnoull
extending to the soume of twell thowsand audit hundreth pundis money of this
realme ; thairfoir it is our speciall pleasour that ze sie the said Erie of Airth
to be payed and satisfied of the said soume of twell thowsand aucht hundreth
1639.] KING CHARLES I. 59
punds vsuall money foirsaid furth of the first and reddiest of our rents,
casualities, annuities, and vthers quhatsumever dew to ws furth of the said
Kingdome, for the quhilk thir presents sal be to zow ane speciall warrand.
Given at Whythall, sewenth day of November 1637.
To our richt trusty cousings and counsallouris the Erie of Mortoun our Prin-
cipal Thesaurer, and the Erie of Traquair our Thesaurer Deputt.
75. King Charles I. to William Earl of Airth. — 19th March 1639.
Charles E.
Eight trusty and welbeloued cousin, Wee greete yow well. Hauing heard
how that yow haue refused to adhere to any of the courses held by the
Couenanters, and that from the beginning yow haue alwise disproued the
same, wee haue been pleased to tak particuler notice thereof, and for which
wee giue yow hearty thankes, assuring yow that wee will not onely be carefull
to protect yow, but will likewise acknowledge your affection to our seruice
in a reall maner when occasion shall offer, and wee doubt not but yow will
continue as yow haue begunne, and withall contribute in what lyes in your
power for aduancing thereof, speciallie at this time. We bid yow farewell.
From our Court at Whitehall, 19 March 1639, stilo Scotico.
To our right trusty and welbeloued cousin the Earle of Airth.
76. King Charles I. to John Lord Kilpont. — 2d May 1639.
Charles E.
Eight trusty and welbeloued, Wee greete yow well. Haueing vnderstood
how all this time yow haue been constantlie affected to the good of our
seruice, by not adhering to any of the courses of the Couenanters, wee tak it
60 ROYAL LETTERS. [1639.
well at your haudes, and giue yow hearty thankes for the same, desiring yow
to continue as yow haue begunne, and to proceed for the good of our seruice
according as yow shall find any occasion to offerr, and be assured that wee
wil be carefull of yow, and of that which may concerne your good hereafter.
Wee bid yow farewell. From our Court at Durham, the 2 of Maij 1639.
To our right trusty and welbeloued John Lord of Kinpont.
77. King Charles I. to William Earl of Airth. — 27th June 1639.
Charles E.
Eight trusty and welbeloued cousin and councellour, Wee greete yow well.
Whereas a bargane was made between vs and the Earle of Mar, touching his
surrendering to vs of the beretable offices of the Sherrifship of Sterlinshire,
of the Chamberlanrie of the Lordship of Sterling and Baillierie thereof, and
of the Water of Forth, for which wee were to pay unto him fyve thousand
pounds sterling out of such faiseable suits as by his procurement and charge
should be brought in to our vse, according to the noate of agreement made
therevpon ; being now willing to reviue that bargane, and reposing speciall
trust in your affection to the good of our seruice, Our pleasure is, that yow
treate with him touching his surrender of the said offices vnto vs according
to our agreement, and for his surrendring likewise of his heretable keeping of
our Castle of Stirlin and park thereof, with their parts, pendicles, and perti-
nents whatsoeuer. And as yow go on in these barganes and conclude therein,
lett vs be aduertised, that wee may proceed therevpon as wee sail find cause.
For doing of all which these presents shal be your warrant. Wee bid yow
farewell. From our Court at Beruick, 27 June 1639.
To our right trusty and welbeloued cousin and councellour the Earle of
Airth.
1641.] KING CHARLES I. 61
78. The Same to the Same.— 27th July 1639. [Holograph.]
Airthe, — Seing that I haue commanded all my Councell to attend and assist
my Commissioner at this next ensewing Assemblie and Parlament, I particu-
larly command you as one of that nornber to giue you[r] attendance and best
assistance to him in euerie thing that may tend to the good of my seruice ;
requyring you lykwaise, to deale with all your frends, and all others with
whom ye haue trust, to giue there hartie endeuors for the furtherance of the
same ; whereof I will take notice to eache as I shall fynde the effects answer-
able to my expectation ; and so I rest,
Your asseured frend,
Barwike, 27 July 1639. Charles B.
79. The Same to the Same.— 20th November 1639.
Charles B.
Eight trusty and welbeloued cousin and councellour, Wee greete yow well.
Being willing to heare your opinion touching some things which at this time
concerne our seruice in that our kingdome, wee haue hereby thought fitt to
require yow to repair with diligence to our Court, where our further pleasure
shal be imparted to yow. And so wee bid yow farewell. From our Court at
Whitehall, the 20th of Nouember 1639.
To our right trusty and welbeloued cosen and councellour the Earle of Airth.
80. King Charles I., Lease to William Earl of Airth and Menteith
of the Lordships of Fife and Menteith.— 29th October 1641.
Charles E.
Our Soveraine Lord considering that his Majestie is trewlie restand auchtand
to his Majestie's richt trusty cousin and counsallour Williame Erie of Airth
62 ROYAL LETTERS. [1641.
and Monteith, Lord Kilbryd and Kilpount, the soume of fyve thowsand pound
Stirling, and that in full contentatioun of so much of the principall soume of
ten thowsand pound Stirling containit in his Majestie's precept maid to his
said traist cousin of dait the day of March 1634 zeirs and of the annual-
rents of the samyne restand awand vnpayed to him, and als in full conten-
tatioun of all such soumes of money payed and debursed he him at his
Majestie's command to John Erie of Carrik, Lord Kinclevin, for purchasing
fra him ane renunciatioim of his pensioun of fyve hundrethe pound Stirling
and of the arieragis thairof, and syklyk in full contentatioun to the said Erie
of quhatsumever arierages of his awin pensioun of fyve hundrethe pound
Stirling restand vnpayed to him hefor his resinging and surrendering of the
said pensioune to his Majestie ; and his Majestie thairwith remembring the
many great and thankfull services doine and performed be his said trusty
cousin and counsallour, as weill in the publik affairs of the Kingdome as in
vther imployments trusted to him be his Majesty, in respect quhairof his
Majestie is pleased till the said soume of fyve thowsand pound Stirling be
payed, not only to secuir him in the zeirlie annualrent thairof, but also thairwith
to give and bestow on him so much zeirlie rent as with the intres of the
said soume of fyve thowsand pound Stirling maks vp zeirlie the soume of
sevin hundrethe pound Stirling. And his Majestie vnderstanding that the
frie rent of the Lordschipps of Fyff and Menteith amounts in money, vittaill,
and custums to the said soume of sevin hundrethe pound Stirling of zeirlie
rent or thairabout, thairfoir his Majestie ordains ane letter to be past vnder
his Majestie's Privie Seill, setting and in tak and assedatioun letting, lykas
his Majestie be thir presents setts and in tak and assedatioun lettis, to his
Majestie's said traist cousin, his airs maill and assignayes, all and haill the
Lordschip of Fyff and Lordschip of Monteith with the haill fewmaills, few
ferrnes, kains, custums, and vthers dewties of the said Lordschips for all the
1641.1 KING CHARLES I. 63
dayes space and zeirs of fyue zeirs, and thairafter for als mony mae zeirs of
the space and indurance foirsaid fra tyme to tyme respective to the reall
payment to him and his foirsaids of the said soume of fyve thowsand pound
Stirling to be payed to the said Erie altogither in ane soume at ony time
it sail pleis his Majestic After the payment quhairof thir presents sail
expyr in the self ipso facto, with power to the said Erie and his foirsaids ay
and quhill the payment of the said soume of fyve thowsand pound Stirling, to
vplift and receave the fewmaills, fewfermes, and vthers dewties of the saids
Lordschips of the crop l m vj" and fourtie ane zeirs fra the fewars, chamerlains,
and vthers intromettouris thairwith and zeirlie thairafter ay and quhill the said
soume of fyve thowsand pound Stirling, haill and togither in ane soume be
reallie payed to the said Erie and his foirsaids, and to give acquittances and
dischairgis thairvpoun quhilk sal be sufficient to the receavers, payand thairfoir
zeirlie the said Erie and his foirsaids to his Majestie and his successors the
soume of twentie pounds sterling in name of dewtie zeirlie at the feist of
Witsonday. And that thir presents be extended with all clauss neidfull,
with command to the Lords of Sessioun or Exchecker to grant and direct
lettres of horning vpoun ane simple chairge of ten dayes against the foirsaids
fewars, chamerlains, and vthers intromittouris foirsaids with the saids fewmaills,
fewfermes, and vthers foirsaids, and with command to the Lords of Exchecker
to allocat and allow the saids fewmaills, fewfermes, and vthers foirsaids, to the
said Erie and his foirsaids, and to the payers thairof, zeirlie in thair Exchecker
accompts, for the quhilk thir presents sal be ane sufficient warrand. Given at
Halirudhouse, 29 of October 1641.
Pleis zour Sacred Majestie, — This drawin vp be zour Majestie's speciall warrand
contains ane tak to the Erie of Airth and his airs of the fewmaills, fewfermes,
and vthers dewties of the Lordschips of Fyff and Monteith estimat to sevin hun-
64 ROYAL LETTERS. [1641.
drethe pound Stirling of zeirlie rent for the space of blank zeirs, and thairafter
till the soume of fyve thowsand pound Stirling be payed to thame. The tak
dewty left blank till it be filled vp be zour Majestie, and this in satisfaction
to the said Erie of the sournes of money auchtand to him or debursed at zour
Majestie's command in maner aboue expressit. S. Thomas Hope.
81. King Charles I. to the Lords of the Treasury, in favour of the Earl
of Airth.— 12th November 1641.
Charles E.
Wee haue been pleased to signe to our cosen the Earle of Airth a current tak
of the Lordships of Fyfe and Monteith from fyue to fyue yeers till the somme
of fyue thousand lib. sterlin which wee are owing him be in one payment
refounded ; and because wee haue wpon our certaine knowledge of the justice
of the debt, as hailing been most part of it debursed by him and aduanced
wpon a knowen benefitt to ws, giuen to him this for a security in the present,
and that wee intend very shortly to find a meanes for satisfying of the debt :
Our speciall pleasure is that ye forthwith exped the said tak without any stop
or delay, and that notwithstanding any Acts of Parliament or Exchequher or
any warrants or instructions from our selfe to the contrary, which wee are
lieerby pleased to dispense with in this particular ; and requyre you lykways
so to doo wpon this our speciall warrant, which, therfore, it is our pleasure
that ye cause registratt in our books of Exchequher. Gevin att our Pallace of
Holyrudhows, this 12 of Nouember : 1641.
To our right trusty and wellbeloued cosens and counsellours the Lords Com-
missioners of our Thesaury, and to our Thesaur Depute and remanent
Commissioners of our Exchequher.
Drauen by your Majestie's command,
Ja. Gallouay.
1642.] KING CHARLES I. 65
82. King Charles I. to the Lords Commissioners of the Treasury.
29th March 1642.
Charles R
Eight trustie and right welbeloued cosens and councellours, right trusty and
trustie and welbeloued councellours, and trustie and well beloued, Wee greet
yow well. Being informed that there remaineth due by vs vnto our right
trusty and welbeloued cosen, William Earle of Airth, certane summes of
money, payable foorth of oure Exchequer there ; and wee being most willing
that what is adebted vnto him either of pencion or precept be duely payed
him : It is our pleasure, and wee doe hereby require yow to take some
speedy course for his satisfaccion of what shal be found justly oweing him,
either of pencion or any other maner of way, and that foorth of the first and
readiest of oure rents, customes, and casualties whatsomever belonging vnto
vs within that our kingdome, notwithstanding of any former act or warrant
made or granted to the contrary, wherewith wee doe by these presents dis-
pence. And for your soe doeing (which wee will acknowledge as acceptable
service done vnto vs,) these shal be vnto yow sufficient warrant. Wee bid
yow farewell. From our Court at York, the 29th day of March 1642.
To our right trusty and right welbeloued cosens and councellours, our right
trusty and trusty and welbeloued councellours, our trusty and welbe-
loued, the Lordes Commissioners of our Treasury, and remanent Lordes
and others, Commissioners of our Exchequer of Scotland.
83. King Charles I. to the Lords of the Treasury in favour of the
Earl of Airth. — 18th July 1642. [Copy.]
Charles E.
Eycht trustie and weilbeloued cosen and counsellour, rycht trustie and weil-
beloued cosins and counsellours, and rycht trustie and weilbeloued, Wee greit
I
G6 ROYAL LETTERS. [1643.
yow weill. Whereas at our last being there we wer pleased to signe to the
Eaiie of Airth a current lease from fyve to fyve yeiris of sevin hundreth
pounds sterling furth of the rentis of the lordshippis of Fyffe and Monteith,
redeemable vpon the payment of fyve thousand poundis sterling, which have-
ing bein by us done for onerous causs and vpon certane knouledge, wee did
signe a speciall warrand besyidis the grant for expeding it. And being now
informed that it is yet vnpast, wee have thought fit againe to will and requyre
yow ather to pas it as ze have done otheris of that nature, or that ze tak some
other present course for his satisfaction, wheroff therefor not doubteing, wee
bid you fairweill. Given at our Court at Beaverlie, the auchtein of July 1642.
Addressed to the Lords Commissioners for the Treasury and Exchequer.
84. King Charles I., Warrant in favour of William Earl of Airth for
£7000.— 18th March 1643. [Copy.]
Charles E.
Rycht trustie and rycht weilbeloued cousins and counsellouris, We greet yow
weill. Wheras wee wer pleased at our last being in that our Kingdome of
Scotland, for great and onerous causs moveing us, to grant ane take to our
rycht trustie and rycht weilbelowed cowsin, William Earle of Airth, of the
rents of Monteith and Fyffe, extending zeirlie to 700 lb st., redemable alwayes
vpon the soume of 5000 ft> st., to be payed altogidder in one soume : Lykeas
we wer graciouslie pleased by sundrie letteris to recommend the payment of
the said dewties and principall soume to yow, zit we, vnderstanding that
nether our said grant nor precept is past or satisfied, but that the said Earle
hes bein frustrat of the payment of what we so graciouslie wer pleased to
grant vnto him : And now being sufficientlie informed that his creditouris
pres him with all extremitie for payment of certane soumes of money ad-
jkrfZ /&- IQ erf c/feL
^ 7koJis_ -hc sLw&t- #W- h fc. cms- d&w vr*- <*- un^C^funu
/Lit far- hit- <pr*j£^ Jf COt^ *£>-£-> ^ tdtyVr*- Z*#-
yy?<m fljt fftcCtyicrru, c>~->l.j£ ten*- TrKUu -pe cw-f^&tj-
1650.] KING CHARLES II. 67
debted be him, we, being vnwilling that he should be distressed, have therfoir
granted vnto him the soume of sevin thousand pound sterling, which we will
and ordain to be payed vnto him furth of the first and readiest of the tak
dewtie off our customes, great and small, and impost of wynes addebted to ws
be Sir "William Dick, taksman theroff : And to that effect we inhibit yow,
and als requyre yow to inhibit and discharge the said Sir William Dick from
issueing out or makeing payment of any pairt or pairtes off the said tak dewty
efter the dait heiroff, vntill he pay first to our resaveris for the said Earle his
vse the foirsaid soume altogidder, or as he shal be pleased to have it in pairtes,
or els take off and frie him of his creditouris in so far as extendis to the said
soume. And this we recommend seriouslie vnto yow, and expect your per-
formance theroff, and that notwithstanding of any actis of our Exchekquer or
warrandis from ws to the contrarie, either for restraint of moneyis, or any other
restraint whatsumever. Wheranent by these presents we dispense, and which
we ordaine to be allowed in your accomptis, yow produceing the said Earle his
discharge vpon the recept of the said soume, togidder with the discharge of
the former take and soume granted vnto him. And for your so doing these
presentes (being registrat in the buikes of our Exchekquer) shal be vnto yow
sufficient warrand. From our Court at Oxfuird, the 18th of Marche 1643.
Addressed to the Lords Commissioners of the Treasury.
85. King Charles II. to the Earl of Airth. [Holograph.]
Perth, the 19 of November [1650.]
My Lord, — I could not lett this bearer, your sone, returne to you without
taking this ocasion to lett you know how sensible I am of your affection to
my seruice, and to assure you that there is nobody more sensible of you and
your familie's sufferings (for my father of ever blessed memorie and my selfe)
G8 ROYAL LETTERS. [1651.
than I am : I make no doubt but to be one day in a condition to make you
better returnes than in paper, which is all for the present I can doe. I desire
you to continew your affection to me, and to be ready vpon all occasions, and
you may be confident that I shall euer be
Your very louing frind,
Pray lett your sone returne to me againe.
For the Earle of Airth.
86. King Charles II., Warrant in favour of William Earl of Airth for
£7000.— Portend, 10th February 1651.
Charles R
We have sein ane warrand from our father of ever blessed memorie, to his
trustie cowsing William Earle off Airthe, daitted at Oxford the 1 7 of Merch
1643, for payment to him off the sowme off sevine thowsand powndis sterling
money owt off owr Exchequer off Scotland, and owt off owr customes, small
and great, in that Kingdome, and off seavine hundrethe powndis sterling zeirlie
wntill the said principall sowme off seavine thowsand powndis sterling shall
be payed to the said Earle altogither in one sowme, which warrand is registrat
in Exchequer as the principall bearethe, which we have redd and sein, we doe
heirby ratifie and approve the said warrand givine by owr wmquill father off
ever blessed memorie, to the said Earle, his aires or his assignayes, bothe for
the principall sowme off seavine thowsand powndis sterling, and for seavine
hundrethe powndis sterling yeirlie from the dait off the said warrand, wntill
the principall sowme shall be payed altogether, and in one sowme, as the
warrand bearethe, and doe heirby promise on the word off ane prince to sie
1651.] KING CHARLES II. 69
it faitkfullie payed when ever we fynd occasione. Givine at Portend, the
tent day off February 1651, in the secund yeir off owr reigne.
87. King Charles II. requiring William Geaham of Gartmore and Patrick
Monteith of Ardenbeg to guard the Passes of the Forth. — 1 2th July 1651.
Charles K.
"Wuhairas we find it most requisite for the good of our present service that
ane gaird be appoynted at the passis of Newbridge vpone Forth : These are.
thairfoir to requyre our weelbelovit freindis, Williame Grahame of Gairtmure
and Patrik Monteith off Ardinbege, to gaird and watche the passis at New-
bridge vpone Forth, and to seirche, talc, and apprehend all fugitives and run-
awayes, and seaze on thair meanes and persones ; and do hereby, for these
endis, suffer and permitt thame to pas and repair home without truble or
impediment, and doeth liberat and freith thame, thair persones and estaittes,
of all pane and danger they may incur throw thair absence from ws or our
armie ; notwithstanding of any of our actis and ordinances of Parliament or
Committie of Estaittes, and proclamatiounes maid for thair attendance as
hereto. And for the bettir effectuating of thair services, we authorize thame
to raise thair men and tennentis for thair assistance. Gevin at our leiger at
Kilsayth, the 12th day of July 1651 yeiris, and of our rigne the thrid zeir.
88. King Charles II. requiring John Graham of Duchray and Walter
Graham of Glenny to assist in apprehending Fugitives from the Army.
—28th July 1651.
Charles E.
Whairas we have granted ane warrand to William Graheme of Gartmoir
and Patrick Monteith of Arnebeg for apprehending of fugitives and runawayes :
70 ROYAL LETTERS. [1651.
Thairfoir, for their farder assistance in manageing the said service, we do heirby
requyre Johnne Graheme of Deuchray and Walter Graheme of Glenny to be
redye and assisting to them with thair men and followares quhen they sal be
requyred by the saidis William Graheme and Patrik Monteith, or ony of them,
as occasioun offeris ; and for that effect does heirby liberat and frie the saidis
Johnne and Walter Grahemes of all perrill and danger that they can incur or
sustene throw thair not cuming furthe as heritours, notwithstanding of any
Actis or Statutes maid in the contrair ; and this to indure so long as the
saidis William Graheme and Patrick Monteith is in that service, or so long as
they sail think it requisite for their assistance. Gevin at our Court at Ster-
ling, the tuentie aucht day of July 1651.
89. King Chakles II. relieving the Lands of Gartmore and Arnebeg from
Quarterings and Cess.— 30th July 1651.
Chakles E.
Whaieas we have granted ane warrand to WiHiame Graheme of Gartmoir
and Patrick Monteith of Arnebeg for apprehending of fugitives and runna-
wayes from our army, with the assistance of thair owne tennentis, men and
followeris for that effect; and lykwise vnderstanding that thair landis is
exhausted by extraordinary quarteringis and payment of publict dewes;
thairfoir these ar requyreing all officeris and souldieris of our armye to desist
and ceas from all quartering vpoun thair landis whair the samyn lyes, or any
pairt thairof, and from exacting any cessments furth of the samyn : Eequyring
all collectours or subcollectours, or thair deputtis, [to desist] from exacting
furth of thair landis of ony monethlie mantenance or ony vther publict dewes
qhatsumever during the tyme of thair imployment allanarlie, as they sal
be answerable vpoun thair hiest perrill and hazard. Gevin at our Court at
Sterling, the penult day of Jubj 1651, and of our reigne the thrid zeir.
1665.] KING CHARLES II. 71
90. King Charles II., Warrant in favour of William Earl of Airth for
£500.— 14th July 1662. [Copy.]
Charles R
Whereas our royall father of ever blessed memorie, in the year 1629, was
graciously pleased to give a precept vpon the Earle of Marre, then High
Treasurer of our Kingdom of Scotland, for payment of five hundred pounds
sterling out of the first and readyest of the fines of the Circuit Courts, to
William Earle of Monteith, then President of our Privy Councill, and Justice
Generall of that our Kingdome, for furnishing of robes to the Judges of the
said Courts, and sending out his deputies to wait on the service vpon his
owne charges : And now being informed that the said sume was never paid
to the said Earle, nor to any ether air or assignay of his, Our will and pleasure
therefore is, and wee do hereby require yow to pay vnto William, now Earl
of Airth, his grandchild, the said sume of fyve hundred pounds sterling out
of the first and readiest of our rents, customes, and casualties whatsoever of
that our Kingdome, for which doing these presents shal be vnto yow a
sufficient warrant. Gevin at our Court at Hamptoun Court, the 1 4th day of
July 1662, and of our reigne the 14th yeare. By His Majestie's command,
Lauderdaill.
Addressed to the Lords Treasurers and Commissioners of the Exchequer in
Scotland.
91. King Charles II., Warrant in favour of William Earl of Airth for
£500.— 2d June 1665. [Copy.]
Charles R
Whereas our royall father (of ever blessed memory), in the yeare 1629, was
graciously pleased to give a precept vpon the deceased Earle of Marr, then
ROYAL LETTERS. [1665.
High Treasaurer of our Kingdome of Scotland, for payment of fyve hundreth
pounds sterling, out of the first and readyest of the fynes of the Circuit Courts,
to William Earle of Monteith, also deceased, then President of our Privy
Councell, and Justice-Generall of that our Kingdome, for furnishing of robes
to the Judges of the said Courts, and sending out his deputyes to wait on the
service, vpon his oune charges : And now being informed that the said soume
was never payd to the said Earle, nor to any, either air or assignee of his :
and whereas, by our precept since, of the date at Hampton Court, the 14th of
July 1662, wee did then require that the said soume should be payd vnto
William, now Earle of Airth, his grandchilde, whereof, as wee are informed,
he hath as yet received no satisfaction, Our will and pleasure therefore is,
and wee do hereby againe require yow to pay to the said William, now Earle
of Airth, or to any whom hee shall appointe to receive the same, the foresaid
soume of fyve hundreth pounds sterling money foresaid, and that out of the
first and readyest of our rents, customes, revenues, and casualityes of that our
kingdome. For which doing these presentes shal bee vnto you, and to the
auditors of our accompts, to allow the samyn an sufficient warrant. Given at
our Court at Whitehall, the 2 day of June 1665, and of our reigne the 17th
year.
By his Majestie's command,
Lauderdaille.
To our Treasaurer-Principall or Deputy Treasaurer and remanent Lords and
others, Commissioners of our Exchequer of our Kingdome of Scotland.
73
STATE AND OFFICIAL LETTERS.
92. Alexander first Earl of Dunfermline, Lord Chancellor, to William
seventh Earl of Menteith.
From Edinburgh, 30th January 1619.
My verie honorable good Lord, — All hairtliest commendatiounes premitted,
I doubt not hot your Lordship remembers weill what cair my Lord Erie of Mar
and I had in obteyning your Lordship a Commissioun aganis your cousen
Dougall, whairin, as your Lordship hes werye honourablye, and according to
your deutie to his sacred Maiestie our dreade soueryne, dischairged yourselfe
thairin, by putting him to tryall, and ministring off justice, sua am I now to
intreatte your Lordship, as ye may bothe exspect my Lord of Mar and me to
be euer readie in anye your honourabill and lawfull affairis to pleasour yow,
that ze will haif a speciall cair of the berar Jhone, his brother, and be a
protectour to him in all his lawfull bussines, for wee ar boithe ingadged for
the same ; and your good Lordship may assure yourselfe giff he fynd not the
frootts of your fauouris and kyndnesses extendit to him, he will haife recourse
to ws, wha hes promesed the same to him, in your Lordship's nayme. Bot
hoping zour Lordship shall newir giffe him anye sic occasioun, and that zour
Lordship shall fynd him a verye honest freind, and trew followar of yow, — I
wische your Lordship all happines, and rests euer,
Your Lordship's maist affectioiiat to serue yow,
Dunfermelyne.
The band and obligatioun of blood, which standethe betuix your Lord-
K
74 STATE AND OFFICIAL LETTERS. [1627.
ship and me and this gentleman our freind, should mak ws haif the greater
regairde and respect to him, specialye being one that deserwethe noe other-
wayes of ws.
To my most honourabill good Lord, and weil beloued cousen, my Lord Erie of
Menteithe.
93. The Lords of the Privy Council of Scotland to William seventh
Earl of Menteith. — 12th April 1627.
Efter our verie hairtlie comendations to your good Lordship. Wheras, for
the ease of the Commissionars nominat by his Maiestie for the surranders, it
is thocht meitt that they shall attend monethlie per vices : and your Lordship
is nominat for to give your attendance in the whole moneth of Junij as orje of
that number : These ar therfor to request your good Lordship to mak your
address heir vpone the last of Maij nix to cume, to the intent that the whole
moneth of Junij may be assisted with your Lordship's presens. And so rest-
ing assured of your Lordship's keiping of this dyett, we comitt yow to God.
Frome Haliruid Hous, the tuelff day of Appryll 1627.
Your Lordship's verie assuired good freinds,
Wintoun. Geo. Cancel!..
Melros. Monteith.
Eothes.
To our verie honnourable goode Lord the Erie of Menteith.
94. The Same to the Same.— 19th April 1627.
After our verrie hairtlie commendationis to your goode Lordship. Wheras
Wedinsday the tuentie fyve of this instant is appoyntit for the nixt meitting
1628.] ARCHBISHOP SPOTTISWOODE. 75
of the Couusaill, at whilk tyme siiidrie matteris concerneing his Maiestie's
service ar to be handlit, whilk will requyre the presence and aduyse of a full
nomber of the Counsaill : These ar tharefoir to requeist and desyre your goode
Lordship to keip this dyet preceislie, whilk loukeing assuredhe yow will do,
we conimitt your Lordship to God. Frome Halyrudhous, the nyntene clay of
Apryll 1627. — Your Lordship's verrie assured goode frendis,
Meleos. Geo. Cancell.
Pa. B. of Eoss. J. E. Mae.
Linlithgow.
To our verie honnorable goode Lord the Earle of Menteith.
95. John Spottiswoode, Archbishop of St Andrews, to William Eael of
Menteith, President of the Privy Council.
Darsy, the 8 September 1628.
My service rernenibrit to zour Lordship. Vntil this last week I culd learn
nothing of that Father Stephen of qhoni zour Lordship spak vnto me ; and
for William Wood, I advertised zour Lordship by my Lord Advocat that he
wes for certain gone into Englande, quhere it is lyk ynoughe he may be found
at his brotheris house in the Strand, not farre from Courte. Now for the
other ; I haif learned that he wes heir in Parbrothe, and som other places,
qhere he had great reverence clone vnto him, and Mr. James Seytoun, preist,
a sonne of the said house, did attend him as a seruant. They ar both for
certain departed into Elanderis, and caryed with them a large contribution
of mony from the Catholickis in this country, qhither to the Emperour and
the mantenance of his warris, or to the supply of their seminary, is not
known. So diligent are they in their negotiationis, and it is certain if materis
be not mor strictly lookt to, ere it be longe thei will mak som busines.
76 STATE AND OFFICIAL LETTERS. [1628.
In this tym, after that miserable and vnhappie accident fallen furth at
Courte, it had been necessary in my opinion that zour Lordship had been
there, as I haif schwen to my Lord Advocat, qhiche his Maiestie cidd not
but haif taken wel, for the affection zour Lordship wes known to carye to the
nobleman and to his Maiestie's service, qhiche now cannot but resaif distrust,
lettis, and impedimentis, by the courses men wil preciste vnto, though I know
his Maiestie wil not change in his favour to zour Lordship, and suche as zow
are. So muche I presum to wryt out of my love to zour Lordship, and so
wil rest,
Zour Lordship's most assurit to serve zow,
Sanctandrews.
To my very honorabill good lord, my Lord the Erie of Monteith, President of
His Maiestie's Privie Counsaill.
96. John Spottiswoode, Archbishop of St. Andrews, to William Earl of
Menteith, President of the Privy Council.
St Andrews, the 17th November 1628.
My service remembrit to zour Lordship. Toucheing this busines of the
Master of Oliphant, if zour Lordship had known the longue continue]] ce
of his promisse with the Churche, and how in our last Synode, vpon his
offer by Eobert Seytoun, to communicat qhere and at qhat tym we suld
appoint, he was ordaynit to keep this tym in Kynnowll Kirk, and a number
appointed to communicat with him, qhere he sayis the actioun wold haif
been privat of him self alone, zour Lordship wold never haif interponed
zour letter for delay. This thai seek only to gain tym, quhiche I trust
in God sal be nothing to thair advantage; and howbeit I know the
ministrie will tak the delay in il parte, zet wold I not haif him or any of that
1628.] ARCHBISHOP SPOTTISWOODE. 11
sort but know that zour Lordship's worde is of mor credit and respect with
the Kirk then his communicating is worthe. Therfore haif I written to the
brethren to differe to that tym, qhiche I truste thai wil doe. I lookit qhen
I resavit zour Lordship's letter to haif had some intelligence how effairis goe,
but it seemis thai are alse vncertain as before. Alwayis I rest,
Zour Lordship's most assurit to serve yow
Sanctandrews.
To my very honorabill good lord, my Lord the Erie of Monteith, President
of his Maiestie's Councell.
97. The Same to the Same.
St Andrews, the 23d November 162S.
My service remembrit to zour Lordship. These brethrin come for obedience
to his Majesty's proclamation to exhibit the names of excommunicat Papistis
and recusantis, quherof the number is so great that I suld be sory they wer
known, and therfore, except zour Lordship think otherwise, it wer best in
my opinion, after thai ar heard, to make their relation in general of the state
of thingis in these northe partis to direct them to gif the rollis to the Clerk of
the Counsal, til zour Lordship haif occasion to vse them. The sight therof
in publick wil, in my mynd, animate otheris of that profession in the south
and west partis and doe no more good. Alwayis somquhat must be done at
this tym to represse their insolence, otherwyse they wil grow more bold then zit
thai haif been. I haif gifen them my privat advise, qhiche they will relate to
zour Lordship, and I am perswaded zour Lordship [will] mak zour zeall for
God and his truthe to be seen preferring Godis honour to al worldly affection.
One thing I must break by this occasion to zour Lordship, qhiche often I haif
vrged and it wil be found true, that vnlesse his Majesty haif a guard of men
78
STATE AND OFFICIAL LETTERS.
[1629.
to doe service in this kynd and other affairis that may occure at direction of
the Counsal, there can be no execution against rebelis, specially since the
great men of the country quho are in the place of Shireffis are the mantenaris
of that Popische crew. And I suld wische zour Lordship to deal for the
charge of this, qhiche wil be som meanis to strenthen zour Lordship in his
Majesty's service. I haif written in this to my Lord of Eosse, but willit him
to keep it to himselfe and travel with his Majesty, that it may be done. I
know it wil be refused by som, vnder pretext of chargis, but thei haif other
endis that propone this, and if moderat justice be vsed, there wil be more than
inoughe to be gotten off these people then wil do this busines. But I wil
communicat my thotis to none in this, but to the Advocat quho I know
honoris zour Lordship, and lovis to haif thingis goe wel. Thus commendinge
these brethern and thair busines to zour Lordship's care, I rest,
Zour Lordship's assurit to serve zow,
Sanctandrews.
To my very honorabill good lord, my Lord the Earle of Menteith, President
of his Maiestie's CounselL
98. Thomas first Earl of Haddington to William seventh Earl
of Menteith.
Edinburgh, 24th March [1629].
My most noble Lord, — I acknowledge with due respect and thanks your
Lordship's letter of the ellevint. Friends haue aduertised me of your Lord-
ship's wise and religious cariage in the Marquis of Huntlie's businesse, which
will be acceptable to all that loue God and the King. Ye were a forward
instrument when ye were present to sie all that wes convenient concluded
and prosecuted in this countrie, which wes agreable to God's law and his
1629.] THOMAS FIRST EARL OF HADDINGTON. 79
Maiestie's. It rests now to make vse of his Maiestie's blessed zeale to have
the course approoved and strengthened by his authoritie. Your Lordship's
and my Lord Chancelar's concurrence in things concerning the estate, reioices
all that are trulie affected to it, because there is much talked and feared of
brutes that a nomber of our great men popishlie disposed intend either to goe
beyond sea, if his Maiestie permit them, or to stay at or neere Court, where
they may haue conveniencie to meet amongst themselues, and consult with
Englishmen of their opinion vpon the meanes tending to their ends, litle to
our good. Since God and the King are vpon our side, they are not to be
feared, if we do our part, which may be much confirmed by information to his
Maiestie by your Lordship and my Lord Chancelar, of how great moment this
businesse is, which not being timelie ordered may make much ado, and now
being in time prevented will be easilie suppressed. It is an exercise worthie
of the care of all noblemen at Court professedlie inclined to our religion.
The Counsell will, by letters and notes, informe his Maiestie and his
secretaries of some other particular affaires occurring heir ; and since I know
that your worthie friend Sir Williani Alexander will not conceale any thing
of that kind from your Lordship, I forbeare to trouble yow, remitting all to him.
I cannot sufficientlie expresse how great and vniuersall our people's joy
is for her Maiestie's wished estate, and our assured hopes that God will blesse
the royall parents and ws with the perfection of that most desired prosperitie
by her. Some Commissioners vpon our side of the middle shires are informed
that Sir Eichard Grame intends to procure fauour to his late prisoners, winch
they extreamelie dislike, both for the present and the consequence, and haue
entreated the Counsell to prevent it by their letter, whereof I haue thoght fit
to aduertise your Lordship, for the respect I know your Lordship beares first
to the publicke order, and next to the worthie men, your friends, employed
on both sides. If constant reports of my Lord Chancelar's intention to come
80 STATE AND OFFICIAL LETTERS. [1629.
from Court before the packet come there, had not persuaded me that my letter
could not haue found him at Court, I Avoid haue troubled him with a letter of
this subiect. If it fall otherwayes furth, I pray your Lordship to excuse my
not writing to him, and to beleeue that I will alwayes remaine,
Your Lordship's assured to do yow seruice,
To my most noble good Lord the Earle of Monteith, Lord President of His
Maiestie's Counsell of Scotland, — at Court.
99. Thomas fiest Eael of Haddington to William seventh Earl of
Menteith — [April 1629.]
My most noble Lord, — My assured persuasion that your worthie friend, my
Lord Secretaire of Scotland, will fid lie informe your Lordship of all that is
wretin to him of the Counsel's proceedings, makes me forbeare to trouble your
Lordship with repetition of that which will be more perfitlie reported by him.
Your Lordship, by your care and zeale in repressing the encrease and
bold profession of Poperie, encouraged others to assist yow and follow yow
therin. It is conceiued by the Lords of Counsell that the Marquis of Hunt-
lie's going to Court, after disobedience of all the charges direct aganist him,
will so embolden the Papists, and affray the ministers and best affected sub-
iects in the north, and many other parts of the countrie, that if he being often
denunced rebell sail after contempt of the King and Churche's lawes find
countenance and fauour there, it will make many having charge in the
Church and estate to become more remisse heirafter nor in former times, not
withowt danger of derogation to both. For preventing wherof, your Lord-
ship's place in the estate and affection to religion makes such as honour yow
1629.] THOMAS FIRST EARL OF HADDINGTON. 81
to exspect that ye will vse the opportunitie of your being neere to his Maies-
tie to inform him trulie of the importance of the occasion ; wherin, and all your
other honorable intentions, I wish your Lordship all happinesse, and sail re-
maine,
Affectionat to do your Lordship seruice,
Hadinton.
The Vicount Drumlanrik and Sir Eichard Grahame haue giuen so good begin-
ning to the repressing of bordour outlawes, by taking a nomber of them on
both sides, that if his Maiestie show fauour and authorise them and others
well affected to his seruice, the quyetting of disorders in these parts, which
some would haue made to appeere almost impossible, will be found of no great
difficultie. The first tryall is made by your Lordship's particular friends ;
and if your Lordship's true recommendation of their merite to his Maiestie sail
procure to them his gracious thankes and encouradgement, it will moue them
to persist in their begunne endeuours, and stir vp others to do the like seruice.
To my much honored noble lord the Earle of Monteith, Lord President of His
Maiestie's Counsell in Scotland, — at Court.
100. The Same to the Same.
Edinburgh, 1st April [1629.]
My most honored noble Lord, — I will reitherincurre your reproof for troubhng
yow with idle lynes nor be blamed for vndutifull silence. This forenoone I
haue nothing to write, but what will be signified by James Primrois to Sir
William Alexander by a note of the proceedings in Counsell and Exchecker,
which I know he will impart to your Lordship, and ease yow and me from
repetition. In the afternoone we expect the great businesse betweene the
Earle of Seafort and the borrowes, and betweene the Lord of Lome and the
L
82 STATE AND OFFICIAL LETTERS. [1629.
Ilanders and Hielandmen. In discussing wherof I wish from my heart your
Lordship's presence and my Lord Chancelar's, for, as I told your Lordship at
our parting, I expected much businesse and small concurrence, which I find
ansuerable to my foresight.
I need not of new to reiterat my recommendation concerning the Papists
and bordours, but cannot of dutie omit to tell that the action for concealed
moneyes, the feare of fynes in the bypast and future Circuit Courts, and the
titbes annuitie, and the Laird of Thornton's Commission, doe so affright our
people, as I wish that your Lordship and other honorable and wise coun-
sellours there may so informe his Maiestie of the circumstances, as things
may be so directed and disposed that when God sail make ws happie by his
wished presence heir, the people may be prepared to giue him that large supplie
which his weghtie affaires require, and he grant to them that gracious pardon
which is vsuall at the coronation of blessed kings. T ame certaine if your
Lordship find thir pourposes fit to be imparted to my Lord Chancelar, Sir
William Alexander, and other honorable counsellers of this Kingdome now at
Court, ye will find an vniforme concurrence by them for proponing all that
ye sail joyntlie think good to propone for his Maiestie's seruice and weell of
this his Maiestie's and your natiue countrie. I ame frie of privat interest,
and sail humblie vndergoe whatever his Maiestie, owt of his excellent
wisdome, or your advices, sail be pleased to prescriue, and euer remaine,
Your Lordship's assured to do yow seruice,
Hadinton.
To my most honorable good Lord the Earle of Monteith, Lord President of
His Maiestie's Privie Counsell in Scotland, — at Court.
1.629-] THOMAS FIRST EARL OF HADDINGTON. 83
101. Thomas fiust Eael of Haddington to William seventh Earl
of Menteith.
Edinburgh, 7th April [1629.]
My most noble good Lord, — Immediatlie after I receiued by packet of the
last of March his Maiestie's commandment to the Counsell and Commissioners
for continowation of the Parlement, I caused warne all of that nomber then
being in towne to conveene presentlie, and finding more nor I looked for, after
that order wes giuen for the businesse of Parlement, I caused reade to the
Lords that part of your Lordship's letter concerning the Countesse of Nithis-
daill. The Bishop of Dumblane said that the Churche's part wes accom-
plished, and the Aduocat told that horning wes directed agains my Lady, but
knew not if it wes registrat. The conclusion wes that since things were
done so laufullie vpon so good warrants, nothing rested but forbearance of
farder prosecution till his Maiestie's pleasure sould be more particularlie
signified by my Lord Chancelar at his returne, as your Lordship had wretin,
which will be done. Nothing hes occurred since my last to your Lordship
worth the paines of your reading, at least to my knowledge. If I learne
farther, I sail either subioyne it to thir lynes, or desire Sir William Alexander,
or Sir Archibald Acheson, whom I perceiue much affected to honour and
serue yow, to report it to your Lordship.
It is rumoured beer that some great men of this countrie at Court haue
such seuerall ends in particulars as make their concurrence not to be so
vniforme as is wished for the publicke goode. If it be so, wherof I sould be
most sorie, I will be bold to entreate your Lordship to persist in that in-
different course, ayming onlie at his Maiestie's seruice and the countrie's
good, which your Lordship has practised in your actions, and professed to me
by conference to be your constant resolution. My weakenesse forbids me to
84 STATE AND OFFICIAL LETTERS. [1629.
promise much assistance where I can performe so litle, but all that I can
sail be contributed to such ends by
Your Lordship's affectionat seruant,
Hadinton.
To my most honored good Lord the Earle of Monteith, Lord President of His
Maiestie's Privie Counsell in Scotland, — at Court,
102. Thomas first Earl of Haddington to William seventh Earl
of Menteith.
13th April [1629.]
My most honorable good Lord,— I wes verie glade to know, by your Lord-
ship's letter of the fyft, your good health, and by others that your Lordship's
wise, and circumspect proceedings tending to his Maiestie's honour and
seruice and good of this countrie gaue both contentment to his Maiestie, and
to all worthie and well affected men there, and that your Lordship's care of
the dignitie of the Counsell in their lawfull procedings had closed the mouthes
of such as by sinister relation could haue disgraced, at least intended to
blemish, any of their actions.
I haue learned that the minesters' commissioners, to whom letters of
horning were granted against the Countesse of Mthisdaill vpon her excom-
munication, had denunced her before your Lordship's letter for superseeding
execution came to my hands. But I haue aduertised James Primrois not to
direct letters of caption or any other farther warrant till his Maiestie's farther
pleasure be knowne.
I perceiue by your Lordship's letter that Sir Eichard Graham's dealing
with his prisoners hes beene well warranted, and much mistaken by the Com-
missioners on this syde ; but I dare assure your Lordship they proceeded not
owt of malice, their intention onlie being to prevent that no colour might
1629.] THOMAS FIRST EARL OF HADDINGTON. 85
procure inipunitie to notour fugitiues ; and Sir Kichard's actions tending to
the quyet of the countrie will be ansuered by the Commissioners on this side
with all due correspondence. Your Lordship knowes that the Vicount of
Drumlanrig your cusing is generous, and having great interest in the peace of
the middle shires, cannot be blamed to concurre with other well affected
officers to seeke all laufull wayes to worke it. Those who haue greater place
in the Commission being seldome in this Kingdome, and when they are
present, having other businesse not permitting them much leiser to attend the
Commission, leaves the countrie more obnoxious to receive harme, and giues
the more fidoe to the inferiour Commissioners, which I hope will moue your
Lordship the more fauorablie to excuse their too great instance in that which
concerned Sir Richard Grame, the like wherof I hope sail not heirafter fall
furth amongst men so well affected on both parts.
If at the meeting of the Counsell vpon the fyfteent, I learne any thing
fit to be wretin, I will then and all following occasions be troublesome to
your Lordship by my letters. Wishing that your speedie and happie returne
may ease yow of that fascherie, and in the meanetime, whereeuer your Lord-
ship be, ye may enjoy health and contentment, I rest,
Your Lordship's affectionat seruant,
Hadinton.
To my most honorable good lord the Earle of Monteith, Lord President of His
Maiestie's most honorable Privie Counsell of Scotland, — at Court.
103. The Same to the Same.
16 April [1629.]
My most honorable good Lord, — My letter of the 14 might haue promised
to your Lordship exemption from importunitie by me for a long time, if I had
86 ,"'.": STATE AND OFFICIAL LETTERS. [1629,
not thoght myself bound in dutie to let your Lordship know what had yes-
terday past in Counsell of any moment.
The Bishop of Duniblane shew to the Counsell at their preceeding
meeting what preiuclice had beene felt and wes feared by admitting of Papists
vpon the Counsell ; and others told how carefull order blessed King James
had taken for preventing therof, which will be testified by the extract of ane
Act made at that time sent vp with the Counsel's letter to his Maiestie to
Sir William Alexander.
Yesterday we had many bussinesses in Counsell, most part for questions
amongst parties of small moment. The greatest wes that betweene my Lord
of Lome and the gentlemen of the north Isles, debated by word and writ, but
in such maner that the Counsell, considering the importance, thoght it more
fit to conclude it deliberatelie at their next meeting, nor precipitatlie at the
present.
Eight dayes agoe I did sie a letter of a notable oppression clone to
Grant of Ballandalloch by James of Carron. I wrate of it sparinglie, not rely-
ing much vpon the incertaintie of a missiue not sent to myself; but yesterday
there wes a letter exhibited in Counsell, bearing that the rebell bad killed or
hoghed abone thrie score plough oxen, and reft fourscore nolt, eight score
sheep, and nyne or ten horses and meares from Ballandalloch and his
tennents ; and when he, following for recouerie of his goods, had required
those throw whose bounds the goods were driven to concurre with him in
their rescue, he found none. All that we could think fit to be first done wes
to grant him summonds agains such as had resset, supplied, or anywayes
fauoured the rebels in their passage, and those who being required had not
assisted him in their persute. All our power will be in paper vnles your
Lordship informe his Maiestie how necessare it is that powerfull noblemen
and magistrats residing too long at Court be sent home to attend and execute
1629.] THE LORDS OF THE PRIVY COUNCIL. S7
their charges, or substitute in their place men willing and able to obey the
Counsel's commandments for his seruice ; for manie more seeke imployment
nor attend the timelie discharge thereof. I entreate your Lordship to excuse
the freedome of
Your Lordship's seruant,
Hadinton.
To my most honorable good lord the Earle of Monteith, Lord President of
His Maiestie's most honorable Privie Counsel! of Scotland, — at Court.
104. The Loeds of the Privy Council of Scotland to King Charles I.,
complaining of the Hollanders engrossing the whole trade and fishing
in the North Isles.
Halyrudhous, 28 July 1629.
Most Sacred Soverane, — By the petition heerewith enclosed, whiche wes
preferred vnto ws by the Commissioners frome the free burrowes of this
Kingdome, your Majestie will vnderstand the heavie prejudices whiche they
doe susteane, and whairof the effects reacheth to the whole bodie of the
estate, by reason of the frequent repaire of Hollanders to the North lies,
vnder cullour of the Erie of Seafort his intendit plantation of strangers in the
Lewes, who being favoured of the said Erie, and for his interesse respected by
the inhabitants, have, in prejudice of the natives, ingrossed vnto thameselffes
the whole trade and fishing in these bounds. This being ane mater worthie
our serious advertance, and whiche concernes your Majestie, in honnour and
justice to caus obviat and repaire, we have thought good, in regarde the Erie
of Seafort is now with your Majestie, agains whome the ground of this com-
plaint cheefelie reflects, to recommend the ordomiie redresse thairof to your
88 STATE AND OFFICIAL LETTERS. [1631.
Majestie's princelie care and determination, hunibelie intreatting your Majestie
to take suche course for remedying of this abuse in tyme comming as your
Majestie's subjects may reape in peace the benefite of the countrie commo-
diteis, and that strangers be debarred frome fishing in your Majestie's waters,
according to your royall right and law of nations observed in the lyke cases.
And so praying God to blesse your Majestie with ane long and happie raigne,
we rest,
Your Majesteis most humble and obedient subjects and servitours,
DUXKELD. SANCT ANDREWS.
Pa. Aberdene. J. E. Mae.
Pa. B. of Eoss. Monteith.
Ad. B. of Dunblane. Hadinton.
Carnegy. Maeschall.
S R Thomas Hope. Linlithgow.
To the King his most sacred and excellent Majestie.
105. The Loeds of the Privy Council of Scotland to the Noblemen and
Others appointed on the part of Scotland anent a Treaty as to Fish-
ing.— 21st April 1631.
After our verie heartilie commendations to your good Lordships. Vpon
the recept of your Lordships' letter, and for our better informatioun anent the
particulars conteanit thairintill, we imparted the same to the Provest and
Bailleis of Edinburgh, desyring to be instructed be thame thereanent. Bot
they, pretending this to be a commoun caus concerning the whole bodie
of thair estait, refuised in anie caise to meddle thairin till they wer consulted
with the burrowes thereanent. Quhilk moved ws to assigne vnto thame the
1631.]
THE LORDS OF THE PRIVY COUNCIL.
89
twentie of this instant for that effect. This dyet being keeped be a fre-
quent noniber of Commissioners from the burrowes, and we having with great
instance showin vnto thame the necessitie and expediencie of your Lordships'
propositioun, both for his Maiesteis satisfactioun and the credite and benefite
of this Kingdome, they stood verie punctuallie vpon that article of your Lord-
ships' instructiouns, whairby there is a reservatioun of all fishings within four-
tene myles of the land, whilk includes all loches, firthes, and bayes, and
thought it needlesse to condescend vpon particulars where all was includit,
hot being in end induced to give vp a particular condescendence, they tooke
this day to doe the samine, and accordinglie gave in this inclosed report,
whiche being considderit, and found to be of too large ane extent, we, out of
our desyre to his Maiestie's contentment, and advancement of the worke, have
retrinched and restricted the vniversalitie of the exceptioun to the parts sett
doun in this inclosed note, with allowance of ane reservation of fourteene
myles off suche coasts of the Kingdome as ar weele peopled, and where the
countrie people live most by fishing, without the whiche they could not pos-
siblie subsist, nor zitt be able to pay thair maisters thair ferrnes and dueties,
whiche is so considerable ane point that it was found by the table that if
there had beene ane bushe fishing erected in Scotland, there would have
beene a reservation of all fishing within these waters for the vse and benefite
of the countrie people, for it cannot be qualified that ever anie Hollander or
other stranger fished in these waters. And in respect we want the consent
of the burrowes to this restrictioun, and that we would be loathe to have
thame hurt or prejudged in that whiche they conceave to tuiche the bodie
and commouns of the countrie so neerelie, we remitt to your Lordships'
consideratioun whiche of the twa design atiouns your Lordships will make the
rule of your proceedings. Quhairin, resting assured that nothing will be want-
ing in your Lordships that may tend to the preservation of the liberteis of this
M
90
STATE AND OFFICIAL LETTERS.
[163:
your native Kingdorne, we committ zour Lordships to God. From Haly-
rudlious, the twentie ane day of Apryle 1631.
Your Lordships' verie assured good freinds,
A. Elphinstoun.
G. GORDOUNE.
J. Hamilton.
James Baillie.
scottistaevett.
Lauderdaill.
Duplin.
Pa. B. of Boss.
Wigtoune.
John Isles.
S* Thomas Hope.
To the right noble and our verie honnourable good lords the Erie of Morton,
His Maiestie's Thesaurer, the Erie of Monteith, President of His Males -
tie's Counsell, and to the Noblemen and others appointed be His Maiestie
for the Kingdome of Scotland anent the Treatie of the Pishing, etc.
106. William Earl of Strathern to King Charles I. — Circa November
1632. Copy.
Most sacred Soverayne, — I have, according to zour Maiestie's commande-
ment signified wnto me by a letter from Mr. Mauld, used my best meanes to
try if the Bischops and clergie have opposed the Commission of the Tythes
since thair last returne from Court, bot I may give zour Maiestie assurence
that they have done nothing in publick to the prejudice of it ; and zet I was
not content with this, bot I wreat to the Bischope of Sanct-Androus, and
schew him what I had hard from Court, and I have sent his answer heirwith
inclosed to Mr. Mauld to be schaune to zour Maiestie, and he does not only
deny that anie of the clergie did oppose that Commission, bot he promises,
both for himseKe and the rest of the clergie, that they sail forder and advance
the wark, and punctualy keep what he promised to zour Maiestie. This is
1628.] SIR WILLIAM ALEXANDER, SECRETARY OF STATE. 91
all I canne wreat in that business wntill the tyme I have the honour to kisse
zour Maiestie's hand, quhich sail be "with all diligence.
I thought it was not amisse to lett zour Maiestie know that the Clerk of
Eegister 1 is dangerouslie seek, and no lyfe is hoped for, and zour Maiestie will
be importunat with suters for his place, it being ane of the pryine places of
this Kingdome, and requyres both ane habill and ane honest man.
[Borso] — Copie of ane letter to his Maiestie.
107. Sir William Alexander, afterwards Earl of Stirling, to William
seventh Earl of Menteith.
Southwick, 23rd August [1628.]
My noble and verie good Lord, — In reguard I wrote so latelie what was
requisite, I mynded not to haue written now, were not this extraordinarie
accident fell out, wherewith I cannot but acquaint yow.
The Duke of Bukinghame is killed this morneing at Portsmouth by one
Lieutenant Feltoun, the newes whereof was brought to the King while as he
was sitteing at prayers. This is so recentlie done that I cannot judge, but do
leaue to your Lordship to conjecture what may follow ; I am,
Your Lordship's humble seruant,
S. W. Alexander.
To my noble and verie good lord my Lord Earle of Monteith, Lord President
of the Priuie Councell, etc.
1 This appears to refer to Sir John Hamil- ceeded in that office by Mr. John Hay, then
ton of Magdalens, Clerk-Register, who died Town-Clerk of Edinburgh,
on the 2Sth November 1632. He was sue-
92
STATE AND OFFICIAL LETTERS.
[1628.
108. Sir William Alexander, afterwards Earl of Stirling, to William
seventh Earl of Menteith.
Southwick, 1st September [1628.]
My noble and verie good Lord, — Haueing of late remembred his Maiestie
of the two letters that your Lordship wrote, and of your earnestnesse in his
seruice, he was pleased to acknowledge the same by this letter which I send
herewith. The Duke's death hath bred a greate change in this Court, but
praised be God, I hope for the better. His Maiestie' s cheife care now is to
sett out his fleete, being resolued not to remoue till he see it vnder saile.
There is no seruice at this tynie that your Lordship can do more accept-
able to his seruice then the furthering of the Circuite Courts, because the
settleing of that is a seruice particulerlie entrusted vnto yow, at least I wish
the begining of the work proue such as may make way for a further perfeo-
tioun the next. I haue conferred at length with your noble frend, Sir Andrew
Ker, who hath so well vnderstoode and obserued the passages of this tyme,
that I remitt all further at this tyme, remaineing in the old maner,
Your Lordship's affectionat seruant,
S. W. Alexander.
To my noble and much honoured lord my Lord Earle of Monteith, Lord
President of His Maiestie's most honourable Priuie Councell.
109. The Same to the Same.
Hampton Court, the 27 of September [1628.]
My noble and verie good Lord, — I receaued your letter to his Maiestie
concerneing that which you had in charge from his Maiestie for apprehendeing
of Stephens and William Wod, and I sail deliuer it to his Maiestie at my first
1628.] SIR WILLIAM ALEXANDER, SECRETARY OF STATE. 9.3
nieeteing with him. And as for that which yow wrote for preventeiug
of grantes out of the penall statutes and fynes of the justiciare, there is no
feare of that at this tyme, a generall restraint being of all matters of monie,
and I sail haue a care of it, or of anie other thing that yow recomend.
Haue mynd to cause Grant and Earleshall end that which your Lordship
spoke to me in there name.
I see your seruant Mr. Harrie stay long here, I dowt not but it is for
some necessarie occasions, and if I knew his erands, I should hasten him
bak, for either the busienesse is not fitt to be propounded at this tyme, or
might quicklie be granted or refused.
I see some difference betweene my Lord of Mar and my Lord Naper.
I wish your Lordship, for both there goodes, may, after you haue considered
how it is, compose the matter for both there goodes, that they may joyne
frendlie, as they should do, in the seruice, but I leaue this to your own con-
sideratioun as yow find cause.
My Lord Nithdale is laboureing for a letter to the Councell that his Ladie
may not be troubled, which I think his Maiestie will grant, and your Lord-
ship shall do well to keepe bak anie thing in that kynd. I wish rather
that it may be done by priuat fauour then by a publick warrant. Be as
carefull for me at home as I am for you here, that I may be made able, as
I am affectionat, to serue your Lordship,
S. W. Alexander.
To my noble and verie good Lord my Lord Earle of Monteith, Lord President
of His Maiestie's Priuie Councell, — These.
94 STATE AND OFFICIAL LETTERS. [1628.
110. Sir William Alexander, afterwards Earl of Stirling, to William
seventh Earl of Menteith.
London, 23d October [1628.]
My noble and much honoured Lord, — I presented your last letter concerne-
ing the course taken in vseing the Presbiteris for the valuatiouns, which his
Maiestie did reade, and onlie dislyked the takeing of so long a day as the
nynt of Januarie ; but I remitt this to his own answer, which I haue not yet
gotten. As for that monie which Stephens and Seatoun transported, adwyse
with my Lord Adwocat what warrant is requisite for trying, pursueing, or
apprehendeing of the persones offenders, and send it vp to me, and it sail be
returned with diligence and secrecie. And as for William Wod, I heare that
he is here, and I purpose to take him, if yow will send the particulers where-
with to charge him ; otherwise it will be chargeable and troublesome to send
him home, but I leaue this till your Lordship's adwertisement.
I send your Lordship herewith his Maiestie's letter how the Judges
should carrie tliemselfes with the Lordes of Eegalities in the Circuit Courtes,
which his Maiestie thought more fitt to write to your Lordship then to the
Councell, that your Lordship may make vse of it at your own discretioun,
wherevnto his Maiestie (as the Councell did) remittis lykwise your persute in
these Courtes of such penall statutes as yow think fitt to touch vpon at this
tyme, wishing that it be spareinglie and circumspectlie done, that no offence
be giuen thereby justlie ; and the lesse be done in that kynd now, I think,
will be the best, that his Maiestie may haue matter when he comes wherewith
to gratifie his subjectes. Your Lordship shall heare at more lenth by Sir
James Bailie from me,
Your Lordship's affectionat seruant,
S. W. Alexander.
1628.] SIR WILLIAM ALEXANDER, SECRETARY OF STATE. 95
I wrote to your Lordship of before concerneing the Countesse of Nithsdale,
and his Maiestie since hath willed me in his name to desyre yow to haue a
care that she be not charged before the Councell till he be first acquainted
therewith. Some conditiouns are agreed vpon for her behauiour in the meane
tyme with the Bishop of Eosse, which he will write home, and hath, to my
knowledge, acted his part well. I wish this were done quyetlie, and rather
by way of preuentioun then by a publick debate.
To my noble and much honoured lord my Lord Earle of Monteith, Lord
President of His Maiestie's most honourabill Priuie Councell.
111. The Same to the Same.
London, the 15 of Nouember [1628.]
My noble and much honoured Lord, — Since my last letter there hath beene
a meeteing before the King of these Commissioners that were here present,
and after all were heard, what the issue was will appeare by the letter to the
Comission, whereof I send the copie herewith to yoirr Lordship, and I think
it fitt that your Lordship cause conveene the Comissioners with diligence,
and hast that to a point, because it will proue verie materiall for furthering
of that greate worke which yow haue laboured so much to bring vnto a
good end.
I see nothing here but vexatiounes and diuisiounes, euerie man workeing
against another, and few or none for the publick, which is liklie to make way
for more harme to the countrie then is foreseene, and the more to be pittied
that (haueing so just and good a Prince) priuat spleenes and ends interrupt
the vse that might be made thereof. As for myself, I sail continue to dis-
96 STATE AND OFFICIAL LETTERS. [1628.
charge the trust comitted to me the best I can, without being anie waye diuerted
by the partialitie of others, and shall euer proue,
Your Lordship's reallie to serue yow,
S. W. Alexander.
To my noble and mvch honoured lord my Lord Earle of Monteith, Lord Pre-
sident of His Maiestie's Priuie Councell, etc.
112. Sir William Alexander, afterwards Earl of Stirling, to William
seventh Earl of Menteith.
Londoun, the 18 Nouember [1628.]
My noble and verie good Lord, — This last weeke there was a meeting
amongst such of the Comissioners as were here, who did agree no better then
yow vse to do at home. The cheif cpiestioun was, whither there should be
anie appellatioun or not from men chosen by the Presbiteries and approued
by the greate Comissioun. My Lord Chancelour thought, since they may
appeale from other high judicatories, it was against reason that no apella-
tioun should be from such men as were to be subcomissioners, and therefore
that they might, if they had just cause, appeal from them to the cheife Comis-
sioun. Others desyred that no appellatioun might be at all. As for my own
opinioun, I think since the subcomissioners must first be approued by the
cheif Comissioun, it sail do well, haueing heard all objectiounes, to admitt
none but them whom, for auoydeing of delayes, they will absolutelie trust, and
that the appellatiouns be onlie to his Maiestie, or to such as he or his Parlia-
ment shall appoint, who may punish them that appeale without a cause ; and
this kynd of appellation howsoeuer, though it were from the cheif Comissioun,
when they determine cannot be barred ; and yet this course wold make men
warie, and wold shorten tyme, alwise this is but my priuat opinioun vnex-
pressed to anie, but by my pen to your Lordship. Conferr herevpon with my
1628.] SIS WILLIAM ALEXANDER, SECSETASY OF STATE. 97
collegue, and the adwocat, but I think the determinatioun of what is vrged
here will preuent.answers from home.
As to your Lordship's self in that which yow wrote last, I shall tell yow
what I know, or conceaue, after two verie worthie frendes of yours had moued
his Maiestie to send for yow, he had no mynd to do it, whervpon, thereafter
haueing conference withe him, I found that he thought your Lordship wold be
more vsefull at home to prepare for the nynth of Januarie, which yow could
hardlie, if comeing here, keep, alwise to show your Lordship that this proceeded
from no other cause, he remittes by me to your own considerations, according
to the necessitie of his seruice and of your own conueniencie. Your Lordship
will find his Maiestie's fauour here in as full measure as yow left it, and your
frendes as well affected to do yow seruice, but yet I cannot encourage yow to
come, because I know besydes the certaintie of charge without possibilitie of
benefite at this tyme, your Lordship will find such diuisiouns here that yow
can hardlie carrie yourself faire betwix parties, and the makeing yourself a
partie to either will be dangerous where the doing good may be crossed, and
a good mynd easielie wronged ; howsoeuer if yow do come at all, make hast,
and if yow wold haue me vsefull, heare my adwyce first, and no man shall con-
curre with yow in thinges concerneing the good of his Maiestie's seruice more
affectionatlie then I, and though I haue giuen my opinioun touching your
comeing, which I dare not perswade now, yet I referre it to your own judgement
whither yow will come immediatlie or in the spring. I dowt not yow will heare
from others in this, but from no man that doth more truelie loue yow then
Your Lordship's affectionat to serue yow,
S. "W. Alexander.
The fleete, praised be God, is returned safe, and we are tormented here with
daylie contestatiouns flowing from factious dispositiouns, that it is a difficult
thing for anie man in place how to carrie himself well.
98 STATE AND OFFICIAL LETTERS. [1628.
My sone, praised be God, is returned safe, haueing left a colonie neare
Canada behind him, and I am dealeing for a new setteing forth from Londoun.
To my noble and verie good lord my Lord Earle of Monteith, Lord President
of His Maiestie's most honourable Priuie Councell, etc., — These.
113. Sir William Alexander, afterwards Earl of Stirling, to William
seventh Earl of Menteith.
London, the 26 of November [162S.]
My noble and much honoured Lord, — Imediatlie after the receite of your
last letter by packet, I presented it vnto his Maiestie, who did reade it with a
greate deale of contentment as he did expresse by his speache to them that
were besyd him, of whome it seemed some had beene of the opinion that no
conklusiue power could be granted to Comissioners at this meeteing. He is
verie desyrous that yow should all hast vp that the treatie may begin. Let
them that come know this, and let me know your dyet by the first occasion,
that I may acquaint him therewith.
I heare that my Lord Marquesse is presentlie to part for Scotland, and
his ladie is with quick chyld, to the greate contentment of them and there
frendes. As for that which your Lordship wrote concerneing the busienesse
betwix my Lord Bothesse and me, that it should be diuulged by James
Kininmond, it is impossible, for he neuer heard of it from me, neither do I
think that he knowes yet, for I acquainted none with it before I came away
saue my Lord Adwocat, and heareing from him that a treatie was requyred, I
imparted it to your Lordship, it being a bysienesse that could not be done in
my absence, but by some frendes whom I trusted ; but my Lord Buchan's
knowledge was more liklie to come from themselfes nor from anie of myne in
regard of familiarities that way, and for my mynd in that I wrote it long since
1628.] SIB WILLIAM ALEXANDER, SECRETARY OF STATE.
99
to my Lord Adwocat. If your Lordship write vp aniething about my signa-
tour, vse Mr. Maul in the deliuerie and not myself. But I remitt all that
may concerne me there to your own judgement, resteing
Your Lordship's affectionat seruant,
S. W. Alexander.
I haue not had a packet since Waughtoun came nyne dayes ago.
To my noble and much honoured lord my Lord Earle of Monteith, one of His
Maiestie's most honourable Priuie Councell of both the Kingdomes, etc.
114. The Same to the Same.
London, the 2 of December [1628.]
My noble and verie good Lord, — I haue sundrie tymes aocpiainted his
Maiestie with the good seruice your Lordship hath done vnto him, both in the
Circuit Courtes and vtherwise, which doth continw and encrease his good
opinion of yow. He is vexed with the diuisiouns of our countriemen, which
hath made both parties the more distastfull vnto him, and hath made him, I
think, the more loth that anie more should come vp, alwise as I wrote before,
after others were refused. He was pleased, vpon a motion of myne, to be
signified by my letter, to leaue your Lordship's comeing up arbitrarie to your
self, accordeing to the necessitie of his seruice, or conueniencie of your own
occasyons ; and now the last letter that went from his Maiestie to the greate
Comissioun may giue yow new matter of stay till that be answered.
Alwise your Lordship may haue occasions there which I can not forsee
here for your comeing, for doing whereof your Lordship hath warrant enough
by that which I wrote formerlie, yet I sail make a new tryall, but the estate
of the tynie will not admitt delayes, the nynth of Januarie hastening so
speedielie on. If you come, I wish, before your Lordship enter with others,
that I may acquaint you with the troth of thinges as they are.
100 STATE AND OFFICIAL LETTERS. [1C28.
As for grantes of penall statutes or monies out of them, feare no such
thing, for his Maiestie hath giuen expresse warrant to the contrarie, and I
think it no fitt time to seeke benefite now till the King come home, in
reguard of the publick want and of the manie suters which doth make all to
be refused, and though some be granted none to be payed.
As for your Lordship's pensioun, I think there may be meanes
made, notwithstanding of the generall restraint, to get it, and the other
Officers of State, payed by some priuat directioun, if the meanes for doing
of it at home be made sure, for otherwise anie excuse at this tyme will be
accepted.
I heare that a packet which went from hence the twentie four of
October is lost, wherein there were three letters from his Maiestie ; one for my
Lord of Linlithgow about the saltpeter makeing, one to your Lordship about
your proceedeing in the Circuit Courtes, containeing thanks to yourself. I
am to deale that they may be searched for, and the fault punished. I wrote
at that tyme at length to the Master of Jedwart, and to manie others, more
then euer I did at one tyme, who am so much tormented with continuall
busienesse that I can hardlie haue tyme to write, but sail euer continw,
Your Lordship's affectionat to serue yow,
S. W. Alexander.
To my noble and verie good lord my Lord Earle of Monteith, etc.
1 1 5. Sir William Alexander, afterwards Earl of Stirling, to William
seventh Earl of Menteith.
Londoun, the 16 of December [1G28.]
Eight honourable and my verie good Lord, — I wrote so latelie to yow with
my Lord of Lome, that I intended not to haue written shortlie agane, onlie I
1628.] SIR WILLIAM ALEXANDER, SECRETARY OF STATE. 101
remember your Lordship in a letter to me of late touched something your ex-
spectatioun of a reward. I think yow do well deserue it, and am confident
hereafter yow will gett it, but at this tyme thinges are in such a case that the
verie motioun of such a thing wold make one vngracious. There is another
here of whom I wrote before who hath a condition to be supplied both by the
Kinge's father and himselfe to my knowledge, and yet for all the meanes that
he, and we that are engaged for him, can vse, he is likelie at the most but to
get the soume named now till a conuenient tyme come for payment of it.
I send your Lordship herewith his Maiestie's letter, requyreing yow to
repaire vnto Court, leaueing the tyme to your own choice, as yow shall think
fittest for his seruice. I haue written of this so much befor that I will write
no further now, but wheneuer your Lordship comes I sail be readie to attend
your Lordship as
Your Lordship's assured to serue yow,
S. W. Alexander.
I spoke for the payment of your Lordship's pensioun, and besydes the warrant
giuen, that the Officers of State, Judges, and seruants attendeing here in per-
soun may be first payed, your Lordship may be confident of anie fauour that
can be requyred here or performed there in that busienesse.
To my noble and verie good lord my Lord Earle of Monteith, etc., — These.
116. The Same to the Same.
London, the 26 of December [1628.]
My noble and verie good Lord, — I shew his Maiestie your letter, and re-
ported what seruice yow had done in the apprehendeing of Sir Johne Ogilbie,
102 STATE AND OFFICIAL LETTERS. [1G28.
which, as it was good in itself, was the more to be valued at this tyme, in
reguard of the Popish insoleneies complained vpon in the north. This was
verie acceptable, as I hope your Lordship will find by the effectes.
As for the two letters concerneing the tolleratioun of appellatiounes from
the Sub-Comissioners to the greate Comissione till the Parliament come, and
of a generall productioun of all titles of tythes, the first is thought will dis-
courage the Sub-Comissioners, when they feare presentlie to be questioned ;
and the other will breede a generall feare, both tendeing to a delay ; and be-
cause of vacant tyme of holiedayes, and of a meeteing therevpon requyred
before the King, the answer, as yow exspect, cannot come before your meete-
ing vpon the 8 of Januarie, neither can I as yet assure yow of the certane
tyme thereof, my priuat opinioun at that tyme, that yow encourage the Sub-
Comissioners as much as yow can to proceede faithfullie and resolutelie, and
that all rightes of tythes may be exhibited to his Maiestie's adwocat onlie, as
the particuler vrgeing of his Maiestie's interest shall requyre, or the secureing
of parties vpon agreement, or vpon his Maiestie's decree, haue vse of, but in
this I submitt myself to your own judgement, and shall hast his Maiestie's
answer.
Let me heare bak of your Lordship's resolutioun and dyet, which I will
attend here, and shal euer continw,
Your Lordship, affectionatlie yours,
S. W. Alexander.
My busienesse at home are lyke to go slowlie till I come. Let me know how
the Master of Jedwart is, whom I loue entirelie, and am sorrie for his sicknesse.
To my noble and verie good lord my Lord Earle of Monteith, Lord President
of His Maiestie's Priuie Councell, etc., — These.
1629.] SIB WILLIAM ALEXANDER, SECRETARY OF STATE. 103
117. Sir William Alexander, afterwards Earl of Stirling, to William
seventh Earl of Menteith.
London, the 27 of December [1628.]
My noble and much honoured Lord, — Though I haue not heard from yow
by the two last packets, which made me beleeue that yow were vpon journey,
yet though I hang your letters vpon the baksyd, that yow may meet it vpon
the way. It is the onlie cause of this packet, for I haue vnderstood (besydes
what I conceave myself) by Sir Eichard Grarne that the King is discontented
with your stay, and it is no wonder, seeing yow parted from him appointed
to returne, and his will is that yow should hast here with diligence, because
the Comissioners will meete before his going to Newmarket, which is intended
imediatlie after the holiedayes. Manie other thinges are considerable, which
I remitt till meeteing, resteing,
Your Lordship's affectionat seruant,
S. W. Alexander.
To my noble and much honoured lord my Lord Earle of Monteith, etc., —
These.
118. The Same to the Same.
Londoun, the 19th Nouember [1629.]
My noble and verie good Lorde, — I wrote by [the] packet two dayes ago,
which carried his M[aiestie's let]ter with that which was vp]on here
to the Comissioun, rumour concerneing your tended
It is not [long since] yow began, and God hath blessed your beginning ; haue
patience, proceed as yow haue done, and be confident of your Master's fauour,
and of the fruites of it. I am sorrie to heare that which is spoken here of my
Lord Adwocat's stryfe for place ; because he is your Lordship's true frend and
104 STATE AND OFFICIAL LETTERS. [1629.
myne, and yow should take panes to adwyse him in that, that others take not
occasion to scorne as they do. I see my busienesse of the barronets doth
proceed slowlie, and such stryfe is partlie blamed ; howsoeuer, I sail adwenter
brauelie agane, and all the noble here are joyned with me, so that, praised be
God, that greate work was neuer in so faire a way.
This night your Lordship's venisoun and aquauytie was praised at
supper as exceeding goode, and your Lordship's health and your Ladie's went
about. So referreing all further till Sir James Badie's returne, I rest,
Your Lordship's entirelie to serue you,
S. W. Alexander.
To my noble and verie good lord my Lord Earle of Monteith, Lord President
of His Maiestie's Priuie Councell, etc.
119. Sir William Alexander, afterwards Earl of Stirling, to William
seventh Earl of Menteith.
London, 2d December [1629.]
My noble and much honoured Lord, — I wrote by the. last packet how
acceptable your last letter was when I presented it. I haue lykwyse reade vnto
his Maiestie the copie of the Comission which your Lordship sent me, and I
obuiated all objectiounes liklie to be made, so that he is exceeding well
satisfied therewith, dislykeing all that had suggested aniething to the con-
trarie. As he willed me to write last, as I did to your Lordship, he doth
desyre all the Comissioners to hast vp for endeing of it, not dowteing of your
comeing because of your own conclusion with him, and of the warrant yow
carried with yow. Neither did Mr. Maul nor I think it expedient to pretend
a scruple, knowing well how easielie anie man is ouerseene to stay, and with
what difticvdtie called for. As for the lies and calumnies which were alledged
to be spread against yow here, I take them rather to be contriued by obse-
1630.] SIR WILLIAM ALEXANDER, SECRETARY OF STATE. 105
quious informers at home then euer to liaue beene laboured here, not that I
dowt what malice or enuie might intend, but it is known that though yow be
absent your frendes here are strong enough to gainestand greater assaultes ;
at least I neuer heard anie such thing, and I know yow were neuer more
endeered in your Master's opinion then at this tyme; nothing is changed
since yow went away neither concerneing Comissions, nor otherwyse. I sent
home long since a warrant from me for makeing of barronets, to be filled vp
as your Lordship and my Lord Adwocat thought best, whom I trust absolutelie
in that to do as he pleases, and shall eigne anie warrant for that effect, if yow
los this. As for my own signatour, I leaue it to your self, since yow know
vpon what termes yow left with the King in that : do as he directed, and no
further ; for though I suffer more in the opinion of the world, nor if it had
neuer been motioned, yet I rather want it altogither then yow should do more
then yow are warranted to do. So referreing all further to your seruant,
the bearer hereof, I continw,
Your Lordship's affectionat seruant,
S. W. Alexander.
The peace is concluded with Spaine.
To my noble and much honoured lord my Lord Earle of Monteith, one of His
Maiestie's most honourabill Priuie Councell of both the Kingdomes, etc.
120. The Same to the Same.
Londoun, the 1 Januarie [1630.]
My noble and most honoueed Lord, — There is no matter of moment occurred
since yow parted from hence. My Lord Napier hath deliuere[d] his bond of
Serjan Walthew to my collegue, which, as he telles me, he is to keep till his
Maiestie's further direction. But I will moue that it may be deliuered vnto
o
106 STATE AND OFFICIAL LETTERS. [1630.
yow. I haue seene it, and do think it worse then I apprehended it to be
before I saw it ; besydes the other grossenesse in it, the name of one person
trusted is scraped out of the bodie of the band, and vpon the margin left to
anie whom he will name ; and to be short, if he faile to yow, it may ruine
him with the rest that is layed to his charge ; but as I neuer sought nor
desyred his ruine, so I wish your Lordship may settle the matter, for the
good of his Maiestie's seruice, to your mynd, and with his saftie.
The tyme for my sone's supplie doth draw fast vpon me. I haue not
yet made vse of anie of the bandes were left with me for borrowing of monies,
which are hard to be had here ; and it wold proue a singuler good for me if
the noblemen's bondes that are to be preferred, or the contracters' bandes
with me for barronets, could secure William Gray or Thomas Chartour to
ansuer the monie here in Februarie, and I wold destroy and send bak the
bandes yow signed. I know your Lordship, in regard it doth import so much,
will excuse my being troublesome, who exspec[t] to heare how the ribbandes
proue ; and, remembring my humble dutie to your ladie, shall euer proue,
Your Lordship's affectionat seruant,
S. W. Alexander.
There is some jarre amongst the English courtiers, who, I wish, may take
away all ours in that kynd, with the particulers whereof my Lord Traquare
can acquaint yow, who, since your Lordship parted, hath beene verie frendlie
and desyrous to expresse himself your frend. Let him know so much as
from me, vse him as yow tind cause, but trust to the tryall of tyme. Keep
Sir James Bailie busie to ply my busienesse.
To my noble and most honoured lord my Lord Earle of Monteith, Lord
President of His Maiestie's most honourabill Prime Councell of Scot-
land, — These.
1630.] SIR WILLIAM ALEXANDER, SECRETARY OF STATE. 107
121. Sir William Alexander, afterwards Earl of Stirling, to William
seventh Earl of Menteith.
Londoun, the 12 of Januarie [1630.]
My noble and most honoured Lord, — At the readeing of the Councell's
letter concerneing the apprehendeing of Papistes, I declyned the imployment
that was desyred to yow for that purpose, which, howsoeuer it might haue
proceeded from a good intentioun, was not liklie to proue good for yow, and
before the letter came my Lord Gordoun had order for a comission against
the north erne Papistes, which, though he be absent, may be discharged by his
deputes.
As for that which I haue heard of, etc., I neuer hearken much to
such rumoures, which are oftentymes deivysed, increased, or miscontructed in
the deliuerie by reporters. It is liklie that he (as for the most pjart they do
who haue least,) did what he could to haue his credite seeme greate, and if he
haue neglected clutie, or hath beene ingrate, why should that which is another's
fault trouble yow ? I wold onlie greeue to be behind with another in kynd-
nesse, but neuer for another's neglect that had beene obliged, and what was
done then was not in hope of retribution, but for preuenteing of worse, and if
need be, there wantes not the meanes of a remedie.
His Maiestie doth not desyre that my Ladie Huntlie's daughters should
be taken from her, nor he be restrained, but relaxed from the home. I think
his Maiestie's pleasure will be signified to my Lord Chancelor. I will auoyd
as much as I can to haue your Lordship vsed that way, and yet when it
comes before yow be fauourable ; this is a dangerous tyme, and the safest way
is to flie contestations, and to do for ones self or a frend, but as litle as they
can against others. I will do my best to supplie your absence here, and
must trouble yow for me at home, cheiflie for supplying my plantation, and
108 STATE AND OFFICIAL LETTERS. [1630.
furthering of these thinges which should mak me subsist who do trust yow
most, and whom yow may trust most,
Your Lordship's affectionat seruant,
S. W. Alexander.
Mr. Haig his comission is signed, and I haue sent home his letters here-
with, that your Lordship may cause present them to Session and Exchecker
with Mr. John Hay, who knowes what I haue done for his good town. Haue
a care of this enclosed note, the purpose whereof is onlie entrusted to
yourself.
To my noble and much honoured lord my Lord Earle of Monteith, Lord
President of his Maiestie's most honourable Priuie Councell, — These.
122. Sir William Alexander, afterwards Earl of Stirling, to William
seventh Earl of Menteith.
London, the 16th of Januar [1630.]
My noble and most honoured Lord, — This packet to my Lord Hadintoun
going in hast, by reason of the returne of a Comission for a partieider of my
Lord Euandale's, made me write nothing but a short letter to my Lord
Hadintoun for directing the packet ; onlie I wold let yow know that where I
thought my Lord Naper should presentlie haue followed yow, trusteing to
that which past betwix yow, I neuer heard from him, but he gote his vnawork-
able bakband deliuered to my colleague, and a direction to him for a letter to
the Session to sitt with them ; which I [opjposed, as not fitt in itself, and no
way conuenient to grace a man with a new imployment who did ly vnder
such heauie aspersions as vnworthie to keep what he had, and I shew my
collegue, who I heare procured it, that he wold repent the medling in it, so
1630.] SIR WILLIAM ALEXANDER, SECRETARY OF STATE. 109
that it is likelie to stop, and howsoeuer a remonstrance of the troth from
thence may hinder that, I thought good to adwertise yow of this, because I
think we are not fairelie dealt with in this ; and it is easie to be caried as
we intend for his Majestie's seruice. All doth go well here as yow left it,
and I haue no trouble but how to find monie for setting out my suppiie to
my sone. Think of that as I wrote before, for it will be hard to lift the
monie vpon the bandes were giuen here, and it is better to secure them from
thence. Tell Sir James Bailie, if yow manage that concerneing this man as
yow resolued when yow parted, thinges are better prepared then they were
for him, and I am,
Your Lordship's,
S. W. Alexander.
To my noble and most honoured lord my Lord Earle of Monteith, etc., — These.
123. The Same to the Same.
London, 21 of Januarie [1630.]
My noble and most honoured Lord,— I wrote at length to your Lordship by
my last packet some priuat adwertisements enclosed within a letter to Robert
Alexander, and in cace of his absence, which I then feared, as it is falne out,
to his wyf, from whom, if it be not alreadie receiued, yow may demand it ;
neither is there anie thing whereof I wrot then altered since. The man who
promeised to follow yow home, it wold seeme, seekes other wayes then by
yow, and stayes for the returne of some others on whom he doth rely. Nith-
dale is to come here shortlie. I wish, if the other will not returne, that some
other were made to suppiie his Maiestie's seruice for the tyme. So haueing
nothing more concerneing yow till your account of your imployment there
furnish matter, I must go to my own particuler, which I confesse at this tyme
doth vexe my mynd much.
110 STATE AND OFFICIAL LETTERS. [ 163 °-
The tynie for supplying my sone is come on, and notwithstanding of the
bandes your Lordship and others signed for me, I can lift no monie here in
hast ; the English marchants neuer taking Scotish securitie, and the Scotish
factours not haueing monie ; so that, as I wrote before and spoke with Mr.
John Hay, the best were to agree with William Gray, or some such man there,
vpon the lyk securitie to furnish me here, though the half of the fourtie
thousand merkes were but giuen in hand, and the other half at a reasonable
day ; and I sail send bak the other bandes that were signed. I hope my
Lord Carnegie will keep his bargain, and he that wrote prejudiciallie there-
vnto will rather satisfie for his fault then persist further. I wish as much
could be had from him and two more as might defray this supplie, which
were the best way to releeue our bandes.
I thank your Lordship heartielie for your care of my sone Anthonie ; and
though I wished, if it pleased God, that my eldest sone had been at home before
the second were maried, yet I am content, if your Lordship think it fitt, that the
matter be presentlie ended. But as for that they demand of me, since I haue
bred him well, and putt him in a good place, it may answer all I here offred :
for I am to tak no part of what he gettes, but do leaue it to themselfes : neither
will I be bound in anie sowme further till I releeue that wherein my frendes
are bound for me, and that my other sone's returne mak me know whither be
my eldest or second sone ; but they shall do well, if they wold end presentlie,
to trust me with what I will bestow vpon my sone, which I will do when I
may, and in such measure as I may ; at least I will giue him more land then
all his portion is able to plenish, and perchance some monie. Alwise let me
entreate your Lordship to thank Mr. Kellie and his wyfe in my name, and my
wyfe's, for there kyndnesse expressed in this to vs, which on our part shall
haue a heartie and reall meeteing. But in this I referr myself to your Lord-
ship, and if the matter go forward, adwyse with my Lord Adwocat, Sir James
1630.] SIR WILLIAM ALEXANDER, SECRETARY OF STATE. Ill
Bailie, and Bagonie or William Murray of Duncarne, who are his neerest kins-
men there fitt for such a purpose. Yow will heare weeklie from me, and
therefore I rest now,
Your Lordship's affectionat seruant,
S. W. Alexander.
To my noble and most honoured lord my Lord Earle of Monteith, Lord Presi-
dent of His Maiestie's most Honourabill Prime Councell, — These.
124. Sir William Alexander, afterwards Earl of Stirling, to William
SEVENTH EAEL OF MeNTEITH.
London, the 9 of Februarie [1630.]
My noble and most honoured Lord, — After the receite of your letters from
Mr. Harrie Drumond, it was resolued that, before Mr. Maul presented your
surrender, I should deliuer your other letter, and make way as I did. Your
Lordship's opinion and my Lord Adwocate's concerneing the interruption, and
Craigievare's action was approued, as bykwyse that no signatour falleing vnder
his Maiestie's reuocation shall passe, vnlesse, as yow wrote, to be lyable to the
reuocation, and what warrant yow craue for this may be had. I hope yow
shall heare the successe of your surrender, and reward for the same, by
the next packet, wherein I will do as I vse to do in that which concernes
yow.
As for my own particulers, I haue no more to write then I wrote for-
merlie, and speciallie concerneing my sone's supplie, wherevpon his saftie or
ruine doth depend, notwithstandeing of the bands were left with me, there is
no monie to be had here, which makes me as yet dowtfull what I may do from
hence, and therefore whateuer happen, I wold the ship that is fraughted at
Leith were hasted away with some twentie or threttie good fellowes, and so
112
STATE AND OFFICIAL LETTERS.
[1630.
much for provisions as she may carrie, so, till your seruant returne, or that the
other businesse be done, I leaue at further, resteing,
Your Lordship's affectionat seruant,
S. W. Alexander.
To my noble and much honoured lord my Lord Eaiie of Monteith, Lord Presi-
dent of His Maiestie's most Honourable Priuie CouncelL
125. Sir William Alexander, afterwards Earl of Stirling, to William
seventh Earl of Menteith.
London, the 20 of Marche [1630.]
My noble and much honoured Lord, — Since my last letter, that course about
the change of the Treasurer's place is fullie agreed, and approued by his
Maiestie. I think that he who is to succeede will, as he doth professe,
neglect no meanes for entertaineing loue and frendship with yow. Alwyse I
thought fitt to let your Lordship know the estate of this, which I learned here
at Traquarie's comeing, and take no further notice of it nor yow think fitt.
As for that which your Lordship wrote with Thornetoun, I remitt it to
the next occasion, and shall euer continw,
Your Lordship's affectionat seruant,
S. W. Alexander.
If your Lordship can agree [with] my Lord Naper and Sir James Bailie for the
place, now, or neuer, is the tyme. I feare his great frend hath neglected
him, and he should the rather be remembred.
To my noble and much honoured lord my Lord Earle of Monteith, Lord Presi-
dent of His Maiestie's most Honourable Priuie Councell, etc.
1630.] SIR WILLIAM ALEXANDER, SECRETARY OF STATE. 113
126. The Same to the Same.
London, the 23 of Marche [1630.]
My noble and much honoured Lord, — Haueing -written with my Lord Tra-
quare's seruant, I intended not to haue written to yow at this tyme, if a con-
ference with his Majestie this day had not giuen me the occasion. He is to
write for yow, that he may haue your opinion in sundrie affaires, and I know
will trust yow as much as anie man, and therefore come well prepared in all
these thinges wherein yow carried instructions home, and in all thinges con-
cerneing his Maiestie's seruice. This change, whereof I wrote last, may breed
more, and it is fitt now to lay a foundation for the tyme to come. All here
will be glade of your frendship. New frendshipes are neither to be too much
trusted nor neglected, but let vs be circumspect, layeing passion asyd, and
vseing judgement. I know others will write more plainelie to yow, but when
we meete I will speake freelie, and though I wish warienesse, am distrustfull
of nothing, but verie confident of the best.
I thank your Lordship heartielie for your care of my sone's supplie. I
haue a greate debate with the Frensh, but will either preuaile, or retire with
honour and proffite. Mak hast vp, and resolue to hast home agane, for I haue
told the King yow cannot stay. So till the next, or raeeteing, restes,
Your Lordship's affectionat seruant,
S. W. Alexander.
To my noble and much honoured good lord my Lord Earle of Monteith, Presi-
dent of His Majestie's Councell of Scotland, — These.
127. The Same to the Same.
London, the 3 of Apryle [1630.]
My noble and most honoured Lord, — Nothing hath occurred since Sir
P
11.4 STATE AND OFFICIAL LETTERS. [1630.
Archibald Aicheson parted, but the passeing of my Lord of Mortoune's gift
vpon Marre's demission haueing the gathering of the Kinge's annuitie, by his
Maiestie's expresse warrant, joyned with the rest of the rentes. I find the
nobleman verie generous, and bent to go faire wayes, desyreing much your
Lordship's frendship and myne. We were not well dealt with by him that
went out, but he hath done vs no wrong that came in, and we haue no reason
to giue the first cause of discontent, but to be the more warie till thinges
settle, neglecteing no dutie in the meane tyme. There are manie thinges
to be talked of betwix vs at meeteing which I cannot write, but be assured
that I sail both think and do for yow as for myself, who am,
Your Lordship's affectionat seruant,
S. "W. Alexander.
I did this day remember your seruice to my Lord Conaway, dyneing in his
house, in a cupp of wyne, which was acknowledged with such exorbitant ex-
pressiounes of loue, that yow ow me much for coyneing this comission, which
is satisfactorie for your last errour to him at Tibolles.
To my noble and much honoured lord my Lord Earle of Monteith, Lord Presi-
dent of His Maiestie's most Honourable Priuie Councell, etc., — These.
128. Sir William Alexander, afterwards Earl of Stirling, to William
seventh Earl of Menteith.
London, the 4 of Apryle [1630.]
My noble and most honoured Lord, — I wrote nothing in my last letter con-
cerneing your comeing here, which I omitted of purpose till I should speake
with his Maiestie, who had delayed the writeing for yow, which I almost
suspecteing to haue proceeded from some secret cause, did presse much this
1630.] SIR WILLIAM ALEXANDER, SECRETARY OF STATE. 115
day, speakeing as liberallie as became one who loued yow. In end I found
the cause of the delay was because he wold needes within two dayes write
vnto yow with his own hand confirmeing what I said, and expresseing that
which gaue me a greate deale of contentment. I shall be glade to see yow
here before my Lord of Mortoun part, who doth desyre to enter in an entire
frendship with yow, and I do think hath a noble and straight meaneing. I
long till we meete, and till then wbateuer chance, think yow are here in me,
Your Lordship's affectionat seruant,
S. W. Alexander.
To my noble and much honoured lord my Lord Earle of Monteith, Lord
President of His Maiestie's most honourable Priuie Councell, — These.
129. The Same to the Same.
London, the 29th of October [1630.]
My noble and much honoured Lord, — Since my last packet, all that past
here, which I can acquaint yow with now is this, my collegue hath taken his
leaue of the King. He telles me of a letter he hath to the Exchecker about
the new office of receites, which I, as yet, haue auoyded to see, because I wold
not medle with it at all. If that proue well, (as I wish, if it be a good work,
it may do,) he doth deserue the praise of it ; and otherwise I sail be free to
giue my judgement, as vntaken vp with an anticipated opinion. He hath gote
a warrant for Sir Thomas Dishingtoun to transport some woll and some other
few thinges, which I forgett, of no great moment, and yet not verie plausible,
though, as your Lordship knowes, he was forced, out of just feares, to seek a
way of his own, which we haue no reason to lyk of ; yet, I can neuer learne
of anie thing he hath done or spoken to your disaduantage or myne, and
therefore let me adwyse your Lordship to keep faire with him in the old
116 STATE AND OFFICIAL LETTERS. [1630.
maner, without comunicateing secretes or trusteing rashlie, and if yow can
remoue that professed malice betwix my Lord Adwocat and him, which he
desyres verie much ; but as for trust and frendship, let tyme work that as the
cause requyres ; and if his busienesse be not lyked, let his rubbes rather come
from them in place before yow, then from yow. His coosen, whom he sent
for, hath failed in altering what was done in the Session ; so that yow may
enter the Clerk Eegister when yow will, and go on in that purpose. He had
entreated me to procure his dispatche, which I think I did sooner then he
expected, I being present at it, he begane to alledge that he had been
traduced, and his Maiestie replyed that it was his own suspition onlie, for he
had heard no such thing, so he parted promising to be a good seruant ; but
yet keep generall formes with him, for though he be no good frend, it is not
fitt needleslie to make him an euemie. I procured, that same day, Mr. Haig
a tyme to conferre and take his leaue. His last sute was to be Clerk of the
Taxation. I told his Maiestie what stryfe had beene about that place, and
that the best was to deferre anie right was in him vngeuen till he should see
how Mr. Haige's seruice proued, and then reward him ; and thus all these
three are gone without doing harme. I haue written this priuatlie, with
Androw Hay, to let yow know my mynd. I must write another not so free
with my collegue. When yow haue reade and considered this letter, destroy
it, and comand,
Your Lordship's seruant,
S. W. Alexander.
To my noble and much honoured lord my Lord Earle of Monteith, one of
his Maiestie's most honourable Priuie Councell of both Kingdomes, —
These,
1630.] SIR WILLIAM ALEXANDER, SECRETARY OF STATE. 117
130. Sir William Alexander, afterwards Earl of Stirling, to William
seventh Earl of Menteith.
Theobaldes, the 9 of Nouember [1630.]
My noble and much honoured Lord, — These are to recomend the League to
be welcomed home by yow as one both hath beene and is desyrous faithfullie
to keepe it, neither hath lie expressed anie thing by word or deed prejudiciall
to my Lord Adwocat, as he hath assured me, and I beleeue it, for I find
nothing to the contrarie. I could wish that dislyk betwix them to be
remoued, that at lest others might not take notice of it as they do to work
therevpon to both there disadwantages, and tyme might breed loue and trust
as either of them found another to deserue.
I look daylie to heare from yow, and speciallie concerneing the fisheing
busienesse, and do exspect yourself so shortlie that I will onlie affirme all
thinges here are as well as yow left them, and so I hope yow shall find at your
returne, and me,
Your Lordship's affectionat seruant,
S. W. Alexander.
To my noble and much honored lord the Earle of Monteith, Lord President
of the Priuie Counsell, and one of His Majestie's most honorable Priuie
Counsell of both Kingdomes.
131. The Same to the Same.
Londoun, the 28 of December [1630.]
My noble and most honoured Lord, — I will not wrong so principall a Bailie
as not to trust him with more then with the executioun of a verball power,
though he may stumble forth jointlie for simplie. Some passages expresseing
118 STATE AND OFFICIAL LETTERS. [1631.
distractiounes here wherein we haue no interest, may be better deliuered by
his tongue (as ill as it is,) then by my pen.
Your Lordship hath the letter about the cognisance, let me heare of it,
because I will be dowtfull till I heare bak, and if it be not in your handes
shall find it or another. I must trouble your Lordship with all that concernes
New Scotland and my relief, the effectuateing whereof though not more
willing, may mak me more able to approue myself,
Your Lordship's entirelie affectionat,
S. W. Alexander.
To my noble and much honoured lord my Lord Earle of Monteith, Lord
President of His Maiestie's most honourable Priuie Counceli
132. Sir William Alexander, afterwards Earl of Stirling, to William
seventh Earl of Menteith.
London, the 27 of Marche [1631.]
My noble and much honoured Lord, — My colleague your league comes
home herewith sound and euerie way vnbroken, that is, both within himself
in that which he professed to others, and from the dangers of others that
sought his harme, which were sundrie and greate ones ; this made me the
rather stand to him, because I desyre no other fellow in office, and to count-
nance him I haue renewed his gift, with the adition of the makeing of
Shireff Clerkes, with a prouision that it be not prejudicial! to my grantes,
which he is willing anie way to secure.
Manie here professe much to yow and me, but it is good to haue a care
of ourselfes, they laugh well at the diuision of officers whom they repute in
regard of them of the inferiour sort, and our strength will be to keep them
1631.] SIR WILLIAM ALEXANDER, SECRETARY OF STATE. 119
togitker. I must entreate your Lordship to settle thinges so betwix my
collegue and my Lord Adwocat that till they vnderstand other better, at
least all cause of publick jarres be remoued. I know your Lordship may
dispose of both, and shall euer comand,
Your Lordship's affectionat seruant,
S. W. Alexander.
To my noble and much honoured lord my Lord Earle of Monteith, Lord Pre-
sident of his Maiestie's most honourable Priuie Councell, etc.
133. The Same to the Countess of Menteith.
London, the 25 of May [1631.]
My noble and much honoured Ladie, — These are onlie to remember my
humble dutie vnto yow, and to let yow know that my Lord, your husband, is
in good health, and hath gote fywe hundreth poundes sterling in pension
from his Maiestie, whose respect towards him, sundrie wayes expressed, doth
deserue the vttermost that his abilities can contribute to his seruice, whereof
his Maiestie is verie confident, as I know he hath reason, as I hope yow will
heare from my Lord at his returne, which I hope shall be shortlie, and I sail
euer be,
Your Ladyship's most affectionat to serue yow,
S. W. Alexander.
To my noble and much honoured ladie my Ladie Countesse of Monteith.
134. The Same to William seventh Earl of Menteith.
Portsmouth, the 16 of August [1631.]
My noble and verie good Lord, — I receaued your letters vpon Sonday the
tenth of this instant after diner, and togither with these that came from the
120 STATE AND OFFICIAL LETTERS. [1631.
Councell I presented them immediatlie to his Maiestie, who reade the
Councell's letter first, and did dislyke that part thereof that there should a
Conuention be called to gett monie for defraying his journey to Scotland,
sayeing now since he had tyme he wold find it by another meanes, and not
giue his subjectes cause to distrust his comeing, as he thought they might do
if the taxatioun were granted, where his onlie desyre is to be there in person
for the settleing of his affaires. I finding him so disposed wold vrge no
ansuer at that tyme, but wished him to conferre with my Lord Chancelor, and
such others of his Councell as he thought fitt. Neither was his Maiestie
pleased that the pensioners should joyne with the Officers of the State to
borrow the monie which your Lordship knowes was offred him by another
meanes, and he caused me write for the Treasurer Deputie to come bak
from London to Court as, I think, for that purpose. I shew his Maiestie
how I vnderstoode by the last packet that vpon the first meeteing of the
Comissioners, the annuitie was granted to be payed this yeare, and a course
intended for the valueatiounes. So haueing no further at this tyme till the
next occasion, and euer I continew,
Your Lordship's affectionat seruant,
S. W. Alexander
There is a letter from his Maiestie to the Marquese of Hamiltoun and
your Lordship to deale with Monievaird and his frendes for settleing that
businesse with his competitours, because the Earle of Angus vndertakes that
they shall haue all reasonable satisfactioun.
To my noble and verie good lord my Lord Earle of Monteith, Lord President
of his Maiestie's Priuie Councell, etc.
1631.] SIS WILLIAM ALEXANDER, SECRETARY OF STATE. 121
135. Sir William Alexander, afterwards Earl of Stirling, to William
seventh Earl of Menteith.
Portsmouth, the 18 of August [1631.]
Eight honourable and my verie good Lord, — Since the writeing of my other
letter I receiued your last, whereby yow challenge me of that whereof I had
more reason to complaine. The troth is, your Lordship, both at your first and
last being here, haueing vndertaken to deale in that busienesse for me, I re-
lyed vpon yow, yet wold not be importunat in remembring yow, because I
think it enough that one know his frendes' intentioun anie way, much more
from himself, wherein he may pleasure him, and your Lordship told me, a day
before yow parted, that yow exspected a resolution which should haue satis-
fied me whateuer it had beene ; and the thing that greeued me was, that
yow should haue passed the onbe thing wherein I had desyred your help so
careleslie as to giue me no account thereof before yow went away. This
I regraited to Archbald Cambell, when he followed yow out of town, and
appearantlie Lundie, haueing heard it from him, came to excuse the matter to
me out of his loue, and I was so far from speakeing of it in publick, that euen
from him I couered my discontent as much as I could, and desyred him to
assure yow, although it greeued me, yet it should not anie way lessen my loue
to yow, and, since I who suffer haue disgested it, yow haue more reason to do it.
As for that which your Lordship hath comitted to me concerneing his
Maiestie's seruice, which I presentlie receaued now at ten a'clock at night,
when my packet was readie to part, I sail giue yow a good account of it by
the next packet.
I was some that your Lordship joyned with the rest in that letter which
desyred the pensioners to joyne surties with the officers, because yow had
freelie yeelded to bind of before ; but I excused it the best I could, and yow
Q
122 STATE AND OFFICIAL LETTERS. [1631.
shall do well to help it hereafter. So assureing yow that I will onlie reuenge
myself of that carelesenesse of yours for me by being diligent for yow, I rest,
Your Lordship's affectionatlie bent to serue yow,
S. W. Alexander.
To the right honourable and my verie good lord my Lord Earle of Monteith,
Lord President of the Councell, etc.
136. Henry Alexander, third son of Sir William Alexander, and afterwards
third Earl of Stirling, to William seventh Earl of Menteith.
Woodstock, the 22 of August 1631.
My most noble Lord, — According to your Lordship's direction, I deliuered
your letter to his Maiestie, whiche hauing read, he signed that of Glenalmond ;
the other, concerning Duffus, he refused, as I perceaued he thought directlie
that the Earle of Morray should surrender what right he had vnto him, hot
he commanded me to draw vp this letter whiche I send you herewith for
satisfieing of your Lordship. I haue lykwise sent your Lordship that letter
to my Lord of Traquaire according to your command. The busines betweene
Eoxburghe and Buckleughe and Francis Stewart is ended, hot his Maiestie
hath locked vp the decreet in his owne cabinet, whiche he will not show vnto
any vntill suche tyme as the rentalls be valued, for auoyding of partialitie. I
haue directed this pacquet vnto your Lordship onlie because I could not con-
venientlie send two, according to your Lordship's command. Your seruant,
Mr. Henrie Drummond, will acquent yow with the reason of the long soumes
and with the particulars heire. I rest,
Your Lordship's most humble seruitor,
Henrie Alexander.
[Secretar Alexander's letter to the Earl of Monteith. 1631.]
1631.]
SIR THOMAS HOPE, LORD ADVOCATE.
123
137. Sir Thomas Hope, Lord Advocate, to William seventh Earl of
Mentetth, now Earl of Stratherne.
Edinburgh, 5th November 1631.
Pleass your Lordship, — The Commission mett on Weddinsday, 2d November ;
butt becaus thair wes none of the clergie thair it desertit ; and immediatlie
the Counsel mett, quhair ordour wes gevin for wryting to the Bischoppes,
and with it letteris to charge tham to compeir befoir the Counsell vpon
23 November, to answer anent thair neglect in not attending the Commissioun,
and publick intirnatioun made to the haill remanent Estates of the Commis-
sioun, burows, gentrie, and nobilmen to attend vpon the said 23 November ;
and thairfoir I wische that suche thingis as zour Lordship hes to pu[tt vpon]
the Commissioun may be sent doun befoir that [date]. The Chancellor is not
zit come from St. Jonstoun, butt [he is] expectit this nycht or on Mononday.
I liaif hard from France that zour Lordship's brother, the Laird of Lundy
is in Angeris, and in good helth. I mett heir zesterday with the Erl of
Nithisdaill, quho complenis heavilie anent the brek of the bordouris, and
layis all the wytt on the frequent advocatiounis grantit for staying of the
proceding of the Commissioneris thair, quhilk he thinkis zour Lordship sould
sie to.
Zour Lordship's nobill Lady and all the barnis ar in good helth, praysit
be God, but her Ladyship delayis to wrytt till the Maister of Stirling ta,k
journey, quhilk he intends to do on Twysday nixt.
I am almost faynting in langour for word from zour Lordship tuiching
my sone ; but the confidence of your Lordship's fauor keipis me in lyff, quhilk
I haif devotit to zour Lordship's seruice, and so sail live and die,
Your Lordship's humbill and faythful seruitor,
S R Thomas Hope.
124
STATE AND OFFICIAL LETTERS.
[1631.
I humblie intreit zour Lordship to remember to send bak the renunciatioun
for the Erl of Perth.
To the rycht nobill and michtie erll the Erll of Stratherne, Lord President of
Counsell, and one of His Maiestie's Privie Counsel of Ingland.
138. Sir Thomas Hope, Lord Advocate, to William seventh Earl of
Menteith, now Earl of Stratherne.
Edinburgh,. 8th November 1631.
Pleass your Lordship, — I haif litill or nothing to'adde to that quhilk I sent
with William Eamsay, seruitor to Sir Alexander Home, on 5 November, onlie
becaus the Maister of Stirling, the berar hereof, comes vp to zour Lordship, I
could not send him emptie, but lies writtin thir lynes to.schewe my obedience
in obeying zour Lordship's commands to neglectino tyrne .or occasioun of
wryting, and the Maister caries with him letteris from zour ! nobill lady,
quhairby, and from the, Maister, zour Lordship may know of' hir Ladyship's
good helth.
s The Chancellor is not zit come, but is expectit heir on Thursday, at
quhilk tyme I sail present the charter of the fisching to the Counsell, and if
thai allow tharoff, or addis or pares ony thing thairin, I sail acquaint your
Lordship thairof with all diligence, for so I did promise to Lis sacred Majestie
in my letter (quhairin the signator of fisching ,wes,) sent vp with my Lord
Vicount of Stirling, and I wische that, befoir the sending thairof, I may heir
from zour Lordship tuiching my sone, that, vnica opera, I may both acquent
his Majestie with the Counsellis judgement, and als gif humbill thanks to his
sacred Majestie for the mark of his fauour to my sone, and may thairwith
testifie my humbill gratitude and thankfulnes to zour Lordship, be quhois
S I li T Mil M A S II II I' V.
o m<je#~i5>i7'^
.. ■ . . .
1631] SIB THOMAS HOPE, LOBD ADVOCATE. 125
credit and kyndnes his Majestie lies beine pleisit to prefer my sone, quhilk
zour Lordship sail find alsweill bestowit as ever zour Lordship did benefit
and respect vpon any of zour Lordship's freindis or servandis. And it sal be
no litill prase to zour Lordship, ather in zour credit or affectioun, that zour
Lordship dois prefer zour tyine about thes quho depends on zour Lordship as
my Lord Chancellor did, Innerpeffer and Fotherance ; and if my sone be not
degenerat, he will stryff to expres his humbile seruice and affectioun to zour
Lordship alsmuche as any of thaim to thair promover ; and if this can adde
anything to the fyre of my former zeill to zour Lordship's service (quhairof
the world takis notice,) I will stryff to do so in that trewth and simplicitie
quhilk becomes me, quho am,
Zour Lordship's hum bill and faythfull seruitor,
S R Thomas Hope.
To the rycht nobill and michtie erll my Lord the Erll of Stratherne, Lord Pre-
sident of Counsell, and one of His Majestie's Honorabill Privie Counsell
of Ingland.
139. The Same to the Same.
Edinburgh, 10th November 1631.
Pleass your Loedship, — The Chancellor come to Edinburgh vpon the 9 of
November, and vpon the tent, being the Counsell dyet, I causit the signator
of the fischingis with the Committe to be red in presence off Counsell, quho
lies allowit tharoff, without adding or paring, and I haif writtin ane letter to
his Maiestie acquainting his Maiestie thairwith, becaus I promisit so to doo,
in that quhilk I sent to his Maiestie with the signators.
I did never sie zour nobill Lady so greivit and offendit as I land hir
Ladyship this efternone quhen I went to Counsell, and the caus of hir Lady-
126
STATE AND OFFICIAL LETTERS.
[1631.
ship's offense wes, that scho expectit from the Chancellor xxij m merks for pay-
ment of the Erl of Perth ; and my Lord Chancellor excussis himself that he
nather had so muche money of the taxationnes, nor did promise to pay it at
this terme ; and albeit he had the money, zit conld he not pay it without ane
speciall warrand from his Maiestie, in respect of that letter, quhairhy he wes
ordainit to ansuer no preceptis be ressoun of his Maiestie's purpose to come
to Scotland this nixt spring. And my Lady being in this sort disappointit,
wes the more greivit be ressoun of the Erl of Perth his coming to toun yes-
ternycht, quho expectis present payment of his haill moneyis, butt, with Godis
grace, we sail find a way to haif the Erl of Perth contentit in his haill soumes
at this terme ; onlie zour Lordship hes to sie and provyd for more certain e
and assurit payment of zour Lordship's precept betuix and Witsonday,
that the moneyis quhilk ar to be liftit now may be sattisfeit at the nixt
terme.
I nather dar nor will speik anything concerning my sone, becaus I am
persuadit of zour Lordship's cair and ernest desyr to haif it going weil ; onlie
I entreit zour Lordship that, if any rub occurre, zour Lordship will lay it af
till I be aduertisit ; butt I trust I sal not be putt to this strait, notwithstand-
ing I heir that the Eischop of Sanct Androis is vrging extremlie for his
Comiser, Mr. James Weymes, quho of all theis that ar namit competitors is
the most vnworthy, and so hardlie reportit of quhair he lives, that it wer ane
miserie and danger to that sait to haif suche a pest and fyrebrand plantit into
it, and it wer better to the Sessioun or subiectis to pay the bodische quhilk
is dew to the Bischop for admissioun of ane new Commissar, (if this man quho
is Comiser wer promovit,) nor to suffer suche a one to haif futting in that
supreme saitt. Butt I cease to insist, knawing that the rumor of his pre-
ferring to the place is but fals and forgit, and will rest vpon zour Lordship's
fauor and kyndnes, for the quhilk and all vther zour Lordship's beneficencis
1631.]
SIB THOMAS HOPE, LORD ADVOCATE.
127
I acknawlege myself zour Lordship's humbill debtor and seruitor, and sal
sa ever remayne,
Zour Lordship's humbill and bund seruitor to deith,
S E Thomas Hope.
I humblie intreit zour Lordship to remember the warrand for the annuitie,
quhilk I sent vp with zour Lordship, quhilk is for modefeing the samyn in
inferior bollis ; becaus vpon the delay thairof, the ingathering of the ammitie
is impeschit, aud I half tuichit this agane in my letter writtin to his Maiestie
anent the fisching bussines.
To the rycht noble and michtie erll the Erll of Stratherne, Lord President of
Couiisell, and one of His Maiestie's Honorabill Privie Counsel! of Ingland.
140. Sir Thomas Hope, Lord Advocate, to William seventh Earl of
Menteith, now Earl of Stratherne.
Edinburgh, 11 November 1631.
Pleass your Lordship, — I wreit zesterday the trew historie anent the 22™
merks as it past betuix zour nobill lady and my Lord Chancellor, but now
the bussiness seymes to inclyne to sum better course, for my Lady in greit
wisdome did try that thair wes x™ lb. to [be] payit at this terme to my Lord
Chancellor be the Toun of Edinburgh for their taxatioun, quhairupon hir
Ladyship went and desyrit of my Lord Chancellor that scho mycht haif that
x'!' lb., quhilk he wes loth to grant, and pretendit that he could not do it
without consent of the Thesaurer, and then my Lady desyrit that her Ladyship
mycht haif it as lent money to the nixt terme, to the quhilk the Chancellor
hes aggreit, and that vpon this conditioun, that if the Thesaurer consent that
it be payit to zour Lordship, the band of borowit money sal be null, and so be
128 STATE AND OFFICIAL LETTERS. [1631.
this conipt thair is xxx™ lb. made vp to the Eii of Perth, and thair restis
behind vij™ merks, quhilk I haif movit the Eii of Perth to continew to
AVitsonday nixt. And so the matter of Drumond is finischit ; and I wische
that I may heir of the lyk good success of my sone's bussines, quhilk dois not
a litill perturb my mynd tilL I heir thairanent from zour Lordship. But I
haif so fully resoluit to rest vpon zour Lordship's fauor and kyndnes that
nothing is abill, (albeit the bruittis goes very crocelie,) to mak me affray it
als long as T haif zour Lordship to lean to. So, with my lmmbill seruice,
I rest,
Your Lordship's lmmbill and faythfull seruitor,
S R Thomas Hope.
I expect the Erl of Perth his renunciatioun, for all is endit in Drumond, that
being sent bak.
My Lord. — Befoir the cloising heirof, I ressauit zour Lordship's of 30 October
at this instant, and findis nothing in it that contentis me saif zour Lordship's
good helth, and the grouth and incresce of zour Lordship's credit with his
Maiestie, quhairof I humblie crave the continuance, and wisches that I may
find the prove thairof in my sone's particular, and if the matters go amisse, it
wil be my gretest greiff that, being brocht in stage and competitioun with men
in quhom zour Lordship hes not that entres, as zour Lordship hes in me, zit
they sal prevail, and I be repulsit with contempt and ignominie, butt to this
thair accedis ane farther, (if the report hold, that Sir John Scott cary it.)
quhat insupportabill discredit, that one quho iustlie may expect zour wrath
for his follies sal be preferrit, — ane insult both vpon zour Lordship and me,
quhom he hates for zour Lordship's caus. Butt, my Lord, I will neuer beleve
till I sie it, that zour Lordship will suffer ather Sir John Scott or Mr. James
Weymes to possesse that place, except zour Lordship be forcit be ane more
1631.] SIR THOMAS HOPE, LORD ADVOCATE. 129
powerfull credit nor zour awin, quhilk the world will never beleive ; but
geving suche misfortun did require that theis sould come in lite, zit do but
this for me, to gett my sone litit with thaim, and I will accompt it alsmuche
as if he had gotten it absolutlie, and if thai cary it heir, latt the blame lye on
me, and if it be caryit this way, zour Lordship reteanis zour honor, quhilk
cannot eschew the misconstructioun of men, if suche as ze haif ressoun to
hate prevail! and I cannot compleine of my freindis' cair being putt to the
tryell of worth quhilk is iust and ressonabill.
To the rycht nobill and michtie erll my Lord the Erl of Strathern, Lord Pre-
sident of Counsel, and one of His Maiestie's honorabill Privy Counsell off
Ingland.
141. Sir Thomas Hope, Lord Advocate, to William seventh Earl of
Menteith, now Earl of Stratherne.
Edinburgh, 12th November 1631.
Pleass zour Lordship, — I writ zesternycht, vpon the ressaitt of zour Lord-
ship's and sum vtheris from my freindis, that postscript in the greit greif of
my mynd, not being habill to indure that one of theis two mentionat in my
postscript sould be preferrit to that place, and leist zour Lordship sould think
that I did it raschelie, I did this day schaw my warrand (from one of greit
worth, quhom I dar not distrust,) to zour nobill Lady, quho mervaillis als
mekill as I, and more, that one quho is zour Lordship's professit vnfreind
sould haif suche liklihode to the place, as that letter writtin to me beris. Butt,
my Lord, quhen I haif callit my mynd to ane satlit posture, and consideris
how thingis may be caryit in the swey of Court, and thairwith ponderis both
zour Lordship's honor and credit in the bussines, and my entres for mj sone,
I am resoluit rather or zour Lordship suffer in the meanest point of zour
R
130 STATE AND OFFICIAL LETTERS. [1631.
Lordship's honor and contentment, to quit and abdicat all entres and respect
for my sone ; and thairfoir, if zour Lordship find my sone's preferment to the
place not faisabill, nor zit can haif him putt in lite with vtheris, I humblie
request for two thingis : (1.) That zour Lordship haif ane cair of the publik,
and sie the place fillit with men of good report and frie of blemisches, of quhilk
sort I do think nather Mr. Ja. Weymes nor Mr. John Cant sal be fund
altogither frie, but suche as the Lard of JSTutoun, quha is ane gentirman of
knauledge and conscience, and weill esteimit of in the countrey, or Mr. John
Rollok, Comiser of Dumblane, quho is as old an practitioner as Mr. Andro
Aytoun, and weill affectit to his Maiestie's seruice ; (2.) That zour Lordship
haif ane can: of zour Lordship's awin credit, that suche come not in quho lies
kythit thamselfis factiouslie disposit againis zour Lordship, suche as Sir John
Scott ; but that thay be sik as may acknaulege thair preferment to come
from zour Lordship ; and for me, albeit I sould suffer be the repulse, zit
having zour Lordship's fauor, and being persuaded, as I am fully, of zour
Lordship's ernest cair to prefer my sone, I sail beir it willinglie, and hyde my
disgrace the best I can, and the better that zour Lordship's ennemies dois not
prevaill to the tasche of zour Lordship's honor, nor ill men preferrit to the
preiudice of the publik.
And this is my humbill and trew resolutioune in the bussines, but ever
reserving the promise of zour Lordship's fauor if it can be caryit to my sone,
quhilk I humblie and hartlie crave of zour Lordship, if it be possibill, as the
reward of all my bygane services, and the incouragement to me to continue
thairin Math that hilaritie and fredome of mynd and spirit quhilk becomes
ane honest and thankfull hart ; and beleve me, my Lord, if zour Lordship wer
sett in the middis of my hart and saw the greif and perplexitie quhilk I
indure out of the feir of a repulse, zour Lordship wald travaill to redeime me
from it, and be loth to suffer my spirit to ludge in suche bitternes. But I
1631.] SIB THOMAS HOPE, LORD ADVOCATE. 131
committ all to the Lord, and dois hartlie prefer zour Lordship's honor and the
publik good to my particular ; but that being preferrit, I sal never willinglie
give place to any man that comes in be particular.
And that zour Lordship may haif occasioun to insist with his Maiestie
the more ernestlie for me, I haif writtin this vther, quhairof zour Lordship
may mak vse, if zour Lordship think good, be reiding of the samyn to his
Maiestie ; and quhen all is done that can be done, I rest vpon Godis proui-
dence and reinittis the success to the Lord.
I writ in my letter of ii November anent the x m lb. qnhilk zour nobill
Lady is constraynit to borow from my Lord Chancellor, and becaus bir Lady-
ship is bund to repay it if scho dois not report the Thesaurer his discharge to
the Chancellor, and zour Lordship's discharge to the Thesaurer on the ressait
of the soume. Thairfoir I haif sent herwith the forme of the discharge to be
subscriuit be the Thesaurer to the Chancellor, and the discharge to be sub-
scriuit be zoiu' Lordship to the Thesaurer, and siclyk, becaus the gretest
scrupill made be the Chancellor wes the warrandis gevin for preserving the
moneyes of the taxationn for his Maiestie's vse at his coming to Scotland,
thairfoir I haif sent vp an warrand to be signed be his Maiestie for payment
of the restis of zour Lordship's preceptis of viii? lb. Stirling ; and last becaus
the Erll of Perth must be secured in the od vii m merks, thairfoir I haif sent vp
a band thairof, quhilk zour Lordship must subscryve and returne with dili-
gence. My Lord, as ze wald wische me to live zour faythfull servant in sum
peice of credit, haif an cair of this bussines for my sone, and I sail ever be,
Your Lordship's humbill and faythfull seruitor,
S n Thomas Hope.
To the rycht nobill and michtie erll the Erll of Strathern, Lord President of
Counsell, and one of His Maiestie's honorabill Privey Counsel of Ingland.
132 STATE AND OFFICIAL LETTERS. [1631.
142. Sir Thomas Hope, Lord Advocate, to William seventh Earl of
Menteith, now Earl of Stratherne.
Edinburgh, 19th November 1631.
My nobill Lord, — Pleass zour Lordship, I ressauit zour Lordship's two
letteris from Mr. Hary on 17 November, and acquaint the Counsell that
samyn day with his Maiestie's plesur aneiit the signatour of fisching, quho
wold gif me no advise, but permittit me to the dewtie of obedience, according
to the quhilk I haif drawin vp ane commoun signatour of the fisching of both
Kingdoms, and ane Committee ansuerabill thairto, quhilkis both I haif sent
heirwith to zour Lordship, and I haif, be speciall knauledge of the Counsell,
designit his Maiestie King of Scotland, Ingland, and Irland, geving to Scot-
land the first place, at quhilk the Counsell desyris zour Lordsbip and rema-
nent Commissioners to stand, and lives it to zour Lordship's consideratioun to
imbrace the stil of Greit Britane, if it be vrgit be the Inglische.
I am exciding glaid of the good success of the matter of the Commissioun
of Teinds, and intreits zour Lordship humblie to send doun the warrand for
the anuitie quhilk is too long delayit.
Zour Lordship blames me far wry ting vnto too many in my sone's
bussines, but, my Lord, beleive me quhosoeuer he wes that made that report
quhairof I haif inquyrit, Mr. Hary is an fals jugler and Iyer ; for to that man
did I not wrytt at all this two zeris bygane, except one sent by Sir Eobert
Gordoun, quhilk wes anent the questioun with D. A., quhairin he hes entres
to ask if he wald continue, and I trust zour Lordship will not think that this
wes follie to sett one brasyn face againis ane other.
Butt, my Lord, to gif zour Lordship greter satisfactioun, and thairwith to
insinuat the consideratioun quhilk I haif of zour Lordship's fauor to my sone,
I did wrytt to none befoir zour Lordship went vp, but to sik as I told zour
1631.] SIR THOMAS HOPE, LORD ADVOCATE. 133
Lordship of, and all I wreit wes to keip the bussines Me till zour Lordship's
coming, and to witness this I haif zour letteris bering that thai haif actit thair
part, and that the rest lyis on zour Lordship.
I heir the bussines drawis on thrie, Sir J. Scott, Mr. John Hay, and my
sone ; for Sir John Scott, he is Counseller, he is on Exchekker, he is Director
of the Chancellary, and his sone is provydit to this place efter him, quhilk
may weill content him, for lie is better stockit nor vther thrie ; and, in good
faith, I scarcely think him worthy of the additioun of the Sessioun, (geving it
wer compatibill in the persoun of ane Counsellour, as it is nott,) quho in oppin
Counsell presumit to iniure zour Lordship, and, in oppin Exchekker, raillit on
me for being to bussie in his Maiestie's seruice, quhairof I writt to Mr. Max-
uell, and for his caus sparit to wrytt to his Maiestie, quhairof now I repent.
As to Mr. John Hay, he is ane worthy man, and I can gif place to him
in all thingis, except in zour Lordship's affectioun, quhairin I sal never cede
to him quhile I breath ; and, my Lord, pardoun me to say and offend not, for
quhat now I writ in the words of ane greffit and oppressit hart. I followit
zour Lordship befoir him, and at my entrie I followit not zour Lordship's for-
toun, but zour persoun and generous vertewis, and since my entrie, I haif
servit zour Lordship with simplicitie of hart, paynefull labores, and almaist
with implicit obedience ; and if, during my tynie, I haif walkit vndewtifully,
or lies errit in the leist point of zour commandementis, cast me of ; butt if I
haif beine faythfull, and for zour caus (nixt to my sacred Souerane) vnder-
gone the malice, invy, hatred, offense, and despyt of great ones, quhairof zit
I beir the markis, my Lord putt nott Mr. John Hay (quhom I think a new
intrant in respect of me) in balance, vtherwais my hart will brek and burst,
and the daye quhairin he sal haif power to swey zour Lordship's mynd to
prefer him with disgrace or neglect to me and my sone, latt it be comptit the
last of my dayis, and lett my portioun be in gall and bitternes quhil they end,
134 STATE AND OFFICIAL LETTERS. [1631.
and the Lord lay it not to zour charge if ze sal be the author and causer of it ;
and God send zour Lordship many good and faythfull servandis, and this I
wrytt with ane sad hart and watterit eyis, quhil my spirit, not abill to beir
the awin greiff, exoneres the self in suche tokenis of sorow quhilk ar not
worthy of .my age, place, nor conditioun ; and I attest to zour Lordship that
albeit the sense of my repulse (if it sould fall out,) wald rent my hart, zit I
haif no less, or rather greter, greiff for the opinioun and misconstructioun
quhilk the world wald haif of zour Lordship, and for the heavy inrputatioun
quhilk wald lye vpon zour Lordship's honor and credit, quhairin, thoch I
sould force my spirit to digest my iniurie, zit I knaw be the bigginings, quhilk
ar already on futt, the world wald never dispense with it, but spreid rumoris
and bruittis quheirof my hairt wald be exciding soroufull, for thai know my
faythfull seruice and dependance on zour Lordship, and I myself, out of my
greit confidence, lies divulgit zour Lordship's promis to me in fauores of my
sone, confirmitt be zour Lordship's oath, quhilk I haif beine forcit to reiterat
to ane number that brocht to me reportis of Mr. John Hay his secret working,
quhilk I wald not beleive, but affirmit to be fals, and in forme of persuasioun
signifiet my assurance quhilk I had by ressoun of zour Lordship's promise ;
and as to Mr. John Hay, he lies vsit me very vnkyndlie, (that I say not wors,)
for I impertit my purpose to him. I vsit him as ane solister for me to zour
nobill Lady, not to vrge for the L of Nutoun at this tyme, quhilk hir Lady-
ship grantit, and quhilk Mr. John Hay reportit to me, and quhen the bruitt
increscit concerning him, I posit him in my awin chamber, quhair, be his oath,
lie suore that he had not delt, nor wes myndit to deill, nather be himself nor
na vtheris, but if his Maiestie did lay it on him, he knew nott how he could
excuse himself. To quhilk I anserit, that he sould not speik so to me, for no
man wold beleve that his Maiestie will vrge any, if his Maiestie be not spokin
befoir ; and then I cravit that if his Maiestie did vr^e him, he wald vse all
1631.] SIR THOMAS HOPE, LORD ADVOCATE. 135
laufull and discreit meanns to schift the scor quhilk he promisit to me, and
quhilk he will not refuse. And thir ar the circumstances quhilk nurischis
and increscis my greffe, quhilk wold not faill to ahsorbe me if I did not rest
vpon zour Lordship's fauor, and vpon that passage of zour Lordship's last
letter, quhairin zour Lordship promissis to do that quhilk becomes ane reall
and faythfull freind, for I am fully persuadit of the generous and nobill sin-
ceritie of zour trew hart, quhilk may weill be brought be importunitie for a
tynie, but in end ever resoluis vpon the honor of zour promise, quhilk is ane
point and center inviolabill fixit in the middis of all circumferences, quhilk
no importunity or vther respect quhatsumeuer can ourcome, and heir I rest
tanquam in sacra anchora, and sail never beleve nor expect the contrair, lett
men say or speik quhat thai will.
Zour Lordship wryttis in zour postscript (doo not beleve every man
quho calks himself a greit courtier,) quhairin I mai humblie expostalat with
zour Lordship for wryting this to me, as if I had leynit to any courtier in this
particular or any vther concerning me but zour Lordship's self. For as I am
honest, (and I spek trewth in simplicitie,) I did nather trust nor imploy any
but be zour Lordship's knaulege, and thois quhom I imployit had no vther
desyr from me but to keip the matter frie to zour Lordship's coming.
The Bischop of Sanctandrois wrott a letter to me exhorting me to
patience and equinimitie if my sone's bussines sould not succecl, and I suspect
fra quhat airth that wind blowis, but I naif ansserit Mm be this inclosit
peremptoiiie, qiihilk I humblie intreit zour Lordship to caus be delyuerit to
him.
And becaus this bussines holdis me at the quick, and I wold vse all
lauful meanis to hold aff extremities, thairfoir I haif wrettin ane letter to Mr.
John Hay, quhilk I haif left vnclosit, quhilk zour Lordship may reid and close
and caus gif to him, and, if zour Lordship thinkis fitt, that for Mr. John his
13G STATE AND OFFICIAL LETTERS. [1631.
entries, I sal gif him any contentment zour Lordship sal haif pouer to
command me, vtherwais if he standis out, I crave only zour Lordship's fauor,
and if he caryis it hy and without zour Lordship's assistance I must beir it,
butt it may be he sal not mak greit ruse of it quhen he lies gottin it, and
albeit my helth be not verie good, zit I sal creip vpon my kneis to my maister
to latt his Maiestie know in quhat sort he hes vsit me. But I wische from
my hart that he do accommodat himself with greter respect and kyndnes to
me nor to force me to such extremities, for I love and honour him, and wold
ernestlie intercary his love if he wald absteine to prye vpon me at this tyme.
Butt I committ all to the providence of my God cjuho will maynteine my lott,
and gif me wisdoum and grace with strenth and courage to vndergo my
statioun and charge without schame or discredit. So with my humbill seruice
to zour Lordship, I rest,
Your Lordship's humbill and bund seruitor,
S E Thomas Hope.
To the rycht nobill and michtie erll the Erll of Stratherne, Lord President off
Counsell, and one of His Maiestie's honorabill Privie Counsel of Ingland.
143. Sir Thomas Hope, Lokd Advocate, to the Countess of Stkatherne.
Edinburgh, 21st November 1631.
Madame, — The rumoris gois so crocelie in this matter of the Sessioun that I
knaw not quhair to turne myselfe, and if I beleive reportis I am miserablie
gullit ; for sum sayis Sir John Scot will cary it, quhilk is not possibill, if my
Lord, zour husband, haif that place and power with his Maiestie quhilk I
know he hes ; vtheris sayis Mr. John Hay hes gottin it already, and zit he
suore to me that he nather had delt for it nor wes to deill, and if his Maiestie
laid on him he wald schvne it als far as he could without his Maiestie's offense,
1631.] SIR THOMAS HOPE, LORD ADVOCATE. 137
and I am sure he is not abill to cary it, but ather by my Lord's power or
connivence, and his Maiestie is not in vse to force places vpon men. But to
quhilk of tham the matter inclyne, I sie nothing carvit for me but ludibrie
and contempt, and quhilk greivis me more, the publick aspersioun vpon zour
deir Lord and husband for deserting me, his faythfull but vnworthie servand,
in a matter quhairin I had, and hes, his Lordship's solemne promise, with ane
strait command not to middill nor deill with any till his Lordship's coming
to Court, quhilk I obeyit and kepit the bussines fair and frie till his Lord-
ship's presence ; and if now, quhen my plicht anchor is present, my sillie bark
sal be schakin with the stormes of oppositioun and suffer schipwrak, with the
inestimabill loss of schame and discredit, is it possibill that my Lord, in
quhom I trust, can eschew the heavy censure and opinioun off the world, quho
knowis my humbill and faythfull seruices? But, Madam, zour Ladyship hes
commandit me not to beleve reportis, and my confidence in my Lord is sik
that I had rather chose to die nor to fasten any dishonorabill blott vpon my
Lord his true and nobill spirit, and, thairfoir, I will zit wait for the fruitt of
his Lordship's promisit love and kyndnes, quhilk wil be the more deir to me
that it comes eftir thir terribillthunderis, and will both publische to the world
the greitnes of my Lord's credit with his Maiestie, his wisdome in suffering
his vnfrends to schut thair foole's bolt, and his cair to advance his servands,
quhilk is the only meanis to mak my Lord both greit and good and hartilie
beloued be his followeris, and als muche feirit be his foes. And for zour Lady-
ship's fauor schawin alredy to me in this perticvdar, quhilk dois als far exceid
my merit as it dois expres zour Ladyship's kyndnes in reiving of zour worthie
and nobill brother-in-law for my caus, quhilk I sail never forgett. but sal
ever rest,
Your Ladyship's humbill and faythfull servitour,
S R Thomas Hope.
s
138 STATE AND OFFICIAL LETTERS. [1631.
Madame, if the brut hold, and Sir John Scott gett it, zour nobill Lord sufferis
extremilie, and if Mr. John Hay, I am schamit and cassirit for euer. God send
me better newis.
To the rycht nobill countess, the Countess of Streatherne.
144. Sir Thomas Hope, Lord Advocate, to William seventh Eael of
Menteith, now Earl of Steatherne.
Edinburgh, 7th December 1631.
Pleass zour Lordship, — The Counsell lies advysit the process criminall
persewit aganis the Lord Ochiltry, with the defensis and ansueris, and hes
continewit thair interloquator vnto the first of Februar nixt, and in the mean
tyme hes ordanit the process to be sent vp to his Maiestie, and the defensis
and ansueris, to the effect his Maiestie may be acquaint thairwith, and
especiallie with this allegance that he had informatioun verball from the Lord
Raa anent the thrie Erllis of Hadingtoun, Roxburgh, and Buccleugh, and that
the Lord Eaa and lie wes never confrontit in suche pointis quhairin they wer
discrepant in thair depositiounis.
The Committe anent the teindis is not niuche lykit be many of the
nobillmen, quho thinkis the power too greit quhilk the clergie hes in thair
estates. Butt for me, if thai go on with diligence to expied the work begun,
and do nott in the end, as the goat vndoo the samyn, I sal be very glaid to sie
it advancit ; onlie I wische that zour Lordship sould send doun warrand to
mak my Lord Traquhair one of tham quho ar adioynit to the Committe to
attend at plesur, for he is ane officer of estait, and ane nobillman quho lies his
awin greit entres, and wil tak it ill to be neglectit quhair zour Lordship hes
the directioun of bussinesse.
1631.] SIX THOMAS HOPE, LORD ADVOCATE. 139
My deir Lord, I haif long conflictit with contrail- wynd and tyde in this
particular of my sone's, and at the ressait of your Lordship's of dait the last
of November, from my Lord Newabbay, I did think myself far of all trubillis,
and to haif atteynit to my port, (quhilk, indeid, I gripp as my gretest warrand
and assurance, having thairin suche expressiounis of your Lordship's fauor as
my hart can wische ;) and zit I want not contrair informatiounis, quhairof sum
I schew to zour nobill Lady, quhilk suggestis to me pointis of doubt quhilk I
sal never questioun ; and thairfoir I do reiect all suche rokkes of offence, and
castis myself simplie in zour Lordship's handis, trusting zour Lordship will
mak me so happie as to possesse the frut of zour Lordship's love in this par-
ticulair, quhilk lies the eyis of all men attending the event, and accordinglie
carving to me for my lott ather contentment in zour Lordship's fauor, or
contempt and ignominie in ane opprobrious repulse, quhilk can be no less
grevous to me nor death. Butt I trust zour Lordship will keip me on lyff to
zour Lordship's seruice, and be my exampill will incourage vtheris to tred the
futsteppes of dewtie, obedience, and fidelitie, quhairin I haif beine ever readie
to approve myself since first I had the honor to be acquaint with zour Lord-
ship ; and I am sure zour Lordship sal never rew that ze haif putt this mark
of fauour on me and my sone if God spair my dayis. Butt I sal mak the world
know how far I resent zour Lordship's fauor and labour to expres my humbill
thankfulnes in all the faythfull sendees that lyis in the power of him qnho is,
Your Lordship's humbill and bund seruitor to death,
S E Thomas Hope.
To the lycht nobill and michtie erll the Erl of Stratherne, Lord President of
Counsell, and one of His Maiestie's honorabill Privey Counsell of Ingland.
140 STATE AND OFFICIAL LETTERS. [1631.
145. Sir Thomas Hope, Lord Advocate, to the Earl of Stratherne.
Edinburgh, 22 December 1631.
Pleass zour Lordship, — I ressauit from the berar, (Garthmore,) zour Lord-
ship's two letters, on of 12, the vther of 1 4 December, both on 20 December,
and zour nobill Lady hes already directit his Maiestie's letter to the Arch-
bischop of Glasgw, quhairof we expect the ansuer with diligence, and quhen
it returnis, I sal sie the teindis alsweill grantit as the landis.
As for zour Lordship's expostulatioun, habes confitentem reum, vtere
iure tuo ; onlie keip me from that feirfull apprehension quhilk be the prefer-
ring of my rivall, wald zit rent my hart, wer not zour Lordship's former hes
expellit feir, and ane letter at this tynie from my dere freind the L. of Pan-
mure hes confirmit my confidence. It is ane eisie work to zour Lordship, lyand
at zour feit, and far within the compass of zour Lordship's power. It is a
matter of no greit worth in the self, butt to me als greit as the want of his
Maiestie's fauor and zour Lordship's, quhilk I beseik God to avert, for I haif
never, nor sal never, deserve it, and quhat I wrytt I do in the bitternes of my
supposit greiff, not so muche for myselfe (for I am persuadit my sacred Mais-
ter will never disfauor me so long as I remayne faythfull and honest, and I
haif the lyk assurance of zour Lordship's respect and frendship.) Butt in the
opinioun of the world I sal be a cassirit, contemnit, and disgracit man, spe-
cialle now quhen the good Bischop of Murray hes addit a tinctour of his
venemous tong to murther my fame, quhilk is the lyff of my lyff vnder trust,
with quhom I wes loth to be reconcileit at his parting, if zour Lordship's
command had not takin from me my awin libertie. But behold the effectis
of a Bischopis peax.
And as to that quhilk he informes againis me, it is an iniust and
divilische calumnie, quhilk if he prove, latt my place, my lyff, and my estate
1631.] SIS THOMAS HOPE, LORD ADVOCATE. HI
go all at ones, (for it is too litill if it wer trew,) to expiat so foule, so odious
and detestabill prevaricatioun ; and, blissit be the Lord, my former lyff and
present cariage dois vindicat and frie me, als muche and more of that cryme,
nor the Bischop can frie himself of symonie, quhilk is ane irregularitie more
incident to him, nor is infidelity to my charge.
But I humblie crave of my sacred Souerane that his Maiestie wald be
pleasit to putt the matter to tryell, and not to suffer it lye deid, with so heavy
a burdine to my honest name, quhilk wes never reprochit of befoir ; and if he
prove, I refuse not the doome of lose of place, lyff, and landis, latt it be as
treasoun to me ; and if he sucumb, latt him be frie of all payne, except
infamie.
And quhair zour Lordship desyres me to wrytt how far I went with the
Erl of Merschell in that bussines, I haif set doun the trew estate of my pro-
ceding thairin, and thairwith hes sent the copie of the disputt before the
Lords, vnder the subscriptiouu of Mr. Alexander Gibsoun, Clerk of Process,
by quhilk my fidelitie in impugning both the Bischoppis surreptitious clame
of that patronage, and the Erl of Merschell his pretendit infeftment thairoff, is
cleir and manifest, quhilkis I humblie desyr zour Lordship to schaw to his
Maiestie, and if thair be ane sillab vntrew of that quhilk is written, latt me
suffer for it, for I wrytt to zour Lordship the trewth (in the sycht of God,
quhom I feir, and quho sail approve me in the last day,) that I never ressauit
bryb from the Erl Merschell for that nor no vther caus, except ze will accompt
it ane bryb to ressaue fra him or any vther nobillman the ordinary acknau-
legement for my travaillis, at consultatiouns, being his ordinary aduocat, as
vtheris aduocattis dois, and no vtherwais. Butt to assist him againis his
Maiestie's rycht I never ressauit fra him ane halfpennie, but be the contrair,
expressit in presence of his servandis, and all quho wes at the consultatioun,
that I wald be as vehement aganis him and his rycht, as againis the Bischoppis
142 STATE AND OFFICIAL LETTERS. [1631.
elame, quhilk I declarit in presence of the Lordes, and practisit be oppugning
his infeftment, as the minuttis beris.
And this I wrytt for zour Lordship's satisfactioun, but not to be takin
for trew or fals till the event of the Bischopis prove ather frie me or fyle me,
and I agane humblie entreit his sacred Maiestie that the Bischop be putt to
his prove, seing it is the slauchter and murther of that quhilk is dearer to me
nor my lyff, quhilk I am sure his Maiestie will not refuse, both out of justice,
and for purging his seruice of suche a pestilent man as the Bischope hes de-
scrybit me to be. So with my humbill and faythfull seruice, I rest,
Your Lordship's humbill and faithfull seruitor,
S R Thomas Hope.
My nobill Lord, — I sie' calumnies gois ryff in thir dayis, for I haif hard my
Lord Traquhair chargit with a passage als fals as the divell, for the letteris to
the Counsell anent the Lord Ochiltry cam inclosit in ane pacquet, quhilk cam
with Mr. Hary Drumond, directit to me from my Lord Stirling, Secretar, and
ipdien I openit the pacquet, I fand theis letteris to the Counsell thairin, but
no directioun fra quhom nor for quhat end, and I went doun and delyuerit the
samyn out of my awin hand to my Lord Chancellor ; but as I am trew, did
not know the contentis till my Lord Chancellor told me.
To the rycht nobill and michtie erll the Erll of Strathern, Lord President of
Counsell, and one ot His Maiestie's Honorabill Privy Counsel of Ingland.
146. Sir Thomas Hope, Lord Advocate, to the Earl of Stratherne.
Edinburgh, 24th December 1631.
I'leass your Lordship, — I forzett to wrytt (with Gartmoir quho partit heir
zesterday) that I had causit ratine in secret counsall the Act of Commissioun
laitlie made, 14 December, anent the vniversall payment of his Maiestie's
1631.1 SIR THOMAS HOPE. LORD ADVOCATE. 143
annuitie, alsweill of vnvaleuit as valeuitt teindes, quhilk wes done in Counsell
vpon Twysday the 20 of December.
And now since his parting, the Exchekker satt zesterday the 23 De-
cember, quhair I haif causit of new ratifie the said Act of Commissioun anent
the annuitie, sua that thair restis nothing but ordour for vplifting tharoff,
quhilk I knaw the Lord Traquhair wil be cairfull aneugh notwithstanding that
he is calumniat for slacknes in exacting of the annuitie, quhilk is ane fals
calumnie, suche as that quhairwith the Bishop of Murray lies treschourislie
brandit me.
I did also forzett in that bussines of Duffis twa passages ; ane that the
Erll Merschell wes wilbng to submitt his clame to that patronage, ane vther
that the Erll of Murray pretendis also ryght to the samyn, quhairof zour
Lordship must be cairfull to sie him also submit that the rycht of that
patronage may be fully establischit in his Maiestie's persoun.
I dar not omitt to recommend to zour Lordship the ending of my sone's
bussines, lest it be said that I am indifferent into it, as it wes ones writtin to
me, for now it is niuche deirer and neirer to me then of befoir, in respect of
this incident of the Bischop of Murray, his fals calumnie, and if zour Lord-
ship sal be plesit betuix and 9 Januaur to send doun the warrand for my sone,
it wil be suche a refreschement and comfortt to my mynd, and suche a reall
testimony of zour Lordship's fauour in so opportune a tyme, that the world
sail know the frute of my seruice to zour Lordship to haif bene abimdantlie.
rewardit, and if I leive, sail gif an answerabill testimony of gratitude and
thankfulnes to latt the world knaw how muche I resent zour Lordship's fauour,
quhilk in effect lies restorit me from death to lyff. So, with most humbill
seruice, I rest,
Your Lordship's humbill and bund seruitor,
S R Thomas Hope.
144 STATE AND OFFICIAL LETTERS. [1632.
Bessaue this inclosit from zcrar Lordship's nobill Lady, quho and all zour
barnis and familly ar in good helth, prasit he the Lord.
To the rycht nobill and michtie erll the Erll of Strathern, Lord President of
Counsell, and one off His Maiestie's Privy Counsel of Ingland.
147. Sir Thomas Hope, Lord Advocate, to the Earl of Stratherne.
Edinburgh, 5 Januar 1632.
Pleass your Lordship, — I wes never taxt of befoir for negligence in wryting,
it being my fault to wrytt too muche, and too oure manie, and if, efter zour
Lordship's of last November, quhilk I keip as my cheiff jowell, I sould half
incurrit suche a follie, I wold accompt myself vnworthie of the conimoun
air ; but the trwth is, I did wrytt two to zour Lordship in the pacquet, and
becaus I had no lyking of the directer, D. A., I gaif thaim to zour nobill
Lady, quho had her awin ressones of that oursycht, but sa sone as I knew
the neglect, I sent a pacquet on 17 December.
I am aduertisit be all my freindis of your Lordship's serious and ernest
deilling for my sone, for quhilk I aw zour Lordship humbill thanks, and I
trust, in God's mercie, zour Lordship sal not find zour Lordship's fauor ill
placit. But I do heir sumthing of Sir John Scott, quhairof I can not mervail
aneugh, for I am sure his patroun dar not, nor cannot eompair with zour
Lordship in power, and for the pretext of his Maiestie's promise of the first
vacand place, zour Lordship knawis it wes my humbill suit to his Maiestie
thrie zeris of befoir, and if I durst I wald say that I haif deservit sumthing
better nor he. Butt, my Lord, if your Lordship find the bussines go hard,
rather or zour Lordship be displeasit, and I suffer in my credit, I sal be con-
tent to tak the place to myself, quhairof I am as capabill as Sir John Scott,
having no impediment, but that of Counsellour, quhilk he hes also, and zour
Lordship rememberis that this wes vrgit on me be his Maiestie in January
1632.] SIR THOMAS HOPE, LORD ADVOCATE. 145
1628, and I haif greit ressoun to imbrace it, rather or the man wrong ws
bayth, albeit I know it will be to my loose, and his Maiestie must be informit
that ever since the institutioun of the Sessioun, (quhilk is now j° zeris since,)
the Kingis Aduocat wes ever one of the ordiner Lords of Sessioun, as it is
very necessar for his Maiestie's seruice that it be sua.
I must humblie intreit zour Lordship's fauor for an letter to the Counsell
for trying of that devilische calumnie of that reverend father of leis, quhilk
his Maiestie in justice cannot deny to me ; for if it be true, I am vnworthy
to be his Maiestie's servand or Counsellor, and if it be fals, he deservis
exemplar punishment.
I writ to zour Lordship on 1 Januar, and gave tharn to zour nobill
Lady, quho vnder her cover hes delyuerit tham to D. A., quho promisit to tak
journey post heir zesterday. But he is heir zit, tarying till he gett a letter
from his Maiestie to call him vp, and if it come not befoir Setterday, he will
tak his hasard, quhilk may be grit aneugh, if all hechtis hold, and I haif
ressoun to wische it soe, both for the good of his Maiestie's seruice, and for
the credit of the nobilmen quhom he hes wrongit. Sua, with my humbill
affectioun, I committ zour Lordship to the blessing of Godis grace, and restis,
Your Lordship's humbill and faythfull seruitor,
S B Thomas Hope.
To the rycht nobill and michtie erll the Erll of Strathern, Lord President of
Counsell, and one of His Maiestie's honorabill Privy Counsell of Ingland.
148. The Same to King Chaeles I.
Edinburgh, 28 July 1632.
Most Sacred Souerane, — I haif laitlie sent particular informatioun to the
Erll of Strathern of the procedings in the Commissioun ; quhairin thair is
T
14G STATE AND OFFICIAL LETTERS. [1632.
good progress made, and ane finall closing schortlie expectit, if the titularis
and heretors did not unhappilie lye out and delay the valuatiounes to thair
awin hurt, and albeit thay ar muche walknit he exacting from them of the
annuitie : zitt to adde ane farther spun to tham, it is inacted be the
tabill that all the valuatiouns sal be exped and reportit from the Sub-
Commissioneris betwix and the 25 of December nixt in theis partis of the
countrey quhilk ar besouth Die, and betuix and the first of Merche in
partis benorth Die, eftir quhilk dyettis the tabill hes declarit that thay
will gif ordor to me, as zour Maiestie's Advocat, to leid the valuatiounis
(quhilk sal be vnexped) before themselfis, and thairwith to rectifie suche
valuatiounes as sal be fund les to the enorme hurt of zour Maiestie and the
Church.
And becaus in this point anent the rectifeing of vndervaluatiounis, I
feir sum oppositioun (quhairof I haif acquaint the Erl of Strathern,) thair-
foir I haif drawin vp ane letter to be signed be zour Maiestie, quhilk is
absolutlie necessar for the good of the seruice, and quhilk zour Maiestie wil
be pleased to signe quhen the samyn sal bepresentit to zour Maiestie be the
Erll of Strathern.
It hes pleisit zour sacred Maiestie to putt ane mark of zour Maiestie's
fauor on my sone by preferring him to ane place of Sessiouu, quhilk come so
opportunelie to me, as I wes in the recovering from my seiknes, that it did
gif strenthe and courage both to bodie and spiritt, and thairfoir in all
humilitie (as I am bund) I gif to zour sacred Maiestie all humbill thankes,
and quhat additioun the Lord sal gif to my dayis, devottis the samyn
to be imployed with that zeill and fidelitie to zour Maiestie's seruice as
becomes ane faythfull servand so far honored and fauored be your sacred
Maiestie. So huntblie praying the God of all mercies to multiplie his best
blessingis vpon zour Maiestie's royall persoun, kingdomes and estait, and
1635.] SIS THOMAS HOPE, LORD ADVOCATE. 147
to grant zour Maiestie ane long, happie, and prosperous regne, I humblie
rest,
Your sacred Maiestie's most hurnbill subiect and seruitor,
Sir Thomas Hope.
To the King his most excellent Maiestie.
149. Sir Thomas Hope, Lord Advocate, to the Earl of Airth.
Edinburgh, 19 January 1635.
Please your Lordship, — We haif had a meiting with the Erl of Traquhair in
presence of your Lordship's tenderst freindis of both sex, the Countess
Merschell and the Erl of Eoxburgh, and we haif ressonit vpon the doubtfnll
termes of his Maiestie's letter, quhairin the Erll of Traquhair girls me greit
satisfactioun ; and thay ar to meit with the President of the Sessioun, quho
wes at Court quhen the letter wes signed, and to vrge him to the sense of the
letter as he hard it debaitit and resoluit at Court. And iff zonr Lordship be
heir to attend zour Lordship's awin bussines ones on Mononday, I am in good
opinioun that the matter sal go well. And thairfor I humblie intreit zour
Lordship that, all vther respectis sett asyd, zour Lordship be heir on Monon-
day befoir tuelff, that zour Lordship may meit with zour Lordship's frendis,
for vndoutidlie the matter wil be callit and disputit on Twysday ; and bring
with zour Lordship all thingis quhilk ar necessarie for zour Lordship's per-
formance of that quhilk his Maiestie's letter inioynes, and namely zour Lord-
ship's awin seisingis, and for Godis cans, latt not zour ennemeis haif occasioun
to obiect zour Lordship's vnwillingness in the leist point of that quhilk is
commandit in his Maiestie's letter. The matter is now brocht to a period,
and on this dependis zour Lordship's worldlie peax and contentment, and
thairfoir walk in it with the prudence and wisdome quhilk is native to zour
148 STATE AND OFFICIAL LETTERS. [1635.
Lordship, and ansurabill to zour generous and nobill mynd. So, with my
humbill sendee, I rest,
Your Lordship's humbill and bund seruitor,
S K Thomas Hope.
To the rycht nobill and michtie erll my Lord the Erll of Airth.
150. Sir Thomas Hope, Lord Advocate, to the Eakl of Airth.
Edinburgh, 2 July 1635.
Pleass zour Lordship, — Zour Lordship's caus wes callit, and I being above
broclit from Exchequer, quhair I fand the barris full of parties and procurators ;
and sa sone as I appered I spak my Lord President to haif all parties removit,
quhilk wes done, and then I presentit zour Lordship's letter, with zour Lord-
ship's ressons aganis the detail, quhilk efter sum contestatioun was red in
presence of the hail Lords, none being present for the parties but my Lord
Lorn, and it wes long debaitit to haif zour Lordship's ressones red in presence
off the procuratories ; but in end I prevaillit, that the samyn wes red withoutt
incalling of tham ; and efter reiding, I wes askit my opinioun of the way
quhairin the fairest and surest way to gif zour Lordship contentment, and the
cautiouneris surety wes disputit, and the Erl of Traquhair did his pairt very
notablie, and in end the Lord Lorn and I wes removit about xi. hours, and the
Lords declarit thai wald instantlie go on, but hering of the contrair parties, and
the Lords wes so instant to haif the bissines closed this day, that thai directit
one of the clerks to caus hold bak the clok, quhilk hes made thame sitt neir to
one efternone. But befoir I removit I patt three things in surty, that the decreit
sould not be the ground quhairupon the Lords sould proceid, but zour Lord-
ship's new suspensioun, with zour awin ressonis gevin in for ane eik this day;
nixt that the pryce sould be reservit till eftir the expyring of the zeris of
1632.] SIR GEORGE HAY, LORD CHANCELLOR OF SCOTLAND. 149
suspensioun ; (3.) That the rental! alredy provin sould not be a grund,
butt that zour Lordship sould haif tyme both of preving and impreving of
the trew rentall ; and I think thir be the most substantiall peices, for as to
the separation of the somes it wes never refusit. Quhen the Lords skaillit,
quhilk wes at one eftirnone, I askit quhat wes done, and all that I could haif
wes that the matter wes endit in substance, and thai haif appointit to meit
the morne at vii. hours in the morning to put it in form ; and quhat is the
particulers zour Lordship must caus the Countess of Merschell to lerne of the
Erl of Traquhair and vtheris. But so far as I conceive it is weill, and nothing
changit of theis substantiall points quhilk I vrgit, and gif so be it is weill
endit, bbssit be God, as I beseik God to preserve zour Lordship in helth, and
gif me grace to sie zow far at the end of the zeris of suspensioun. So I
humble rest,
Your Lordship's humbill and bund seruitor,
S R Thomas Hope.
To the richt nobill erll my Lord the Erl of Airth.
151. Sir George Hay, Viscount Dupplin, Lord Chancellor of Scotland,
to King Charles I.
Hallirudehous, this 22 Maij [c. 1632.]
Most sacked Souekain, — The sufficiencie of this bearar, and his zealous
affection, without any respect but to your Maiestie's honour and profeit,
command me not to truble your royall eyes with reading what he is able and
will fullie and trulie relate. Only this, your Majestie sent to me a commis-
sion without your hand, whiche your Majestie may be now pleased to signe
and send bak ; of vther particulars concerning myself and vthers, I haue
wrytten to my Lord Stirlin. Your Majestie's bountifull fauoures, multiplied
150
STATE AND OFFICIAL LETTERS.
[1633.
daylie vpon me, giue me subiect to rowse my decayeing spirites for aduance-
ment of your Majestie's affaires and desyres ; wheriu, if I suld faile, God will
curse me, and man detest me for my ingratitude to so gratious a maister.
God of his great mercye grant to your Majestie manye helthfull and happie
dayes.
Your sacred Maiestie's most obliged creature,
George Hay.
To the King's most excellent Maiestie.
152. John Earl of Traquair to King Charles I. [Circa 1633.]
Copie of ane Letter to His Majestie anent Airthe's Busines.
Sir, — The Erie of Airthe hes compeired before the Counsell, and according to
zour Majestie's pleasure signified to me, and be zour letter to the Lord Chan-
cellour, hes dimitted his offices and pension. The Chancellour conveined Sir
Thomas Hope, zour Majestie's Advocat, togidder with Sir Lues, Advocat, Mr.
Andro Aytoun, and Mr. Thomas Nicolsone, pryme advocatis in this King-
dome, and to them all togidder hes signified zour Majestie's pleasure anent
the service of Stratherne for reducing and annihilating the same, and finding
out some such course, as all ground for the lyke errour may be taken away ;
which busines they have taken to their serious consideratioun, and with me
have had some meitingis concerning the same ; hot because of the Lord Chan-
cellour his present indispositioun of health, we can mak no conclusion
therein.
I have intimat the commissiones I had vnder zour Majestie's owne
band for hearing the accomptis of Exchequer and taxatiounes to all parties
haveing interest ; bot I find no such diligence vsed therin as I could wishe.
If zour Majestie might be pleased as of zourself to command the Secretarie to
1633.] JOHN EARL OF TRAQUAIB. 151
wryte a letter to the Chancellour, Erie of Mortoun, and myself, commanding
us with all diligence to exped the comptis of our intromissiounes with any of
zour Majestie's rentis, casualties, taxatiounes, or moneyis quhatsumever, it
wald be a gude ground for me to vrge the same, and vntill this be done, I can
nather know perfytlie the trew burdenis of Exchequer, nather zet solidlie set
doiin the wayis to releive the same.
I have conferred at lenth with the Marquise anent his gift of the impost
of the wynes, and I hope to settell with him vpon such conditiones, as I sal be
answerable sal be for zour Majestie's advantage. If any small difference sail
be, we have concluded zour Majestie sal be judge to the reasonablenes of ather
of our demandis.
Zour Majestie's declaratioun anent quhat sould be esteimed propertie in
the mater of erectiones hes had great opposition in Exchequer, bot we sail
carie it, or vtherwiys zour Majestie sail know the opposeris of zour Majestie's
so just desyres.
The Act concerning the two of ten of all annuellis, granted to zour
Majestie in the last Parliament, is not so cleir as I could have wished, nather
dois some of our Judges tak zour Majestie's last letter so to heart as in duetie
they ought ; notwithstanding of all which difficulties, and the vnderhand
croceing of that service be some, I am very confident that my lord Marquise
his cair and dextrous cariage of that busines sail bring it to a gude and profit-
able conclusion. He hes had great oppositioun, and many wayes vsed to elude
the Act ; zet he hes broght the toun of Edinburgh, the leidaris of the rest of
the burrowes, and the advocattis and rnemberis of the Colledge of Justice, be
whois example the rest of the countrey are much reulled, to male gude offeris ;
and more nor some of the specialls of our Exchequer advysed my Lord at first
to ask ; the particularis I remit to my Lordis owne informatioun ; onlie give
me leave humblie to represent my opinion to zour Majestie, becaus I find him
152 STATU AND OFFICIAL LETTERS. [1633.
delay to mak ane absolute conclusion with any of them till he know zour
Majesteie's pleasure. I must humblie crave your Majestie's favour if be these
I presume to give my opinion heirin, and humblie to advyse zour Majestie to
ordaine him to accept of their offeris ; for altho' this be not the full extremitie
of the Act, zet I believe he shall be able to mak a gude considerable sowme
tlierby ; and if he had not overcome the difficulties and oppositiones maid in
this busines, zour Majestie neidit not to have expected any gude of the ex-
traordinary taxatioun heirafter.
With the nixt I hope to send a formall commissioun for the saill of the
annuitie at 15 zeiris purchase, to be signed be zour Majestie, as also to let
zour Majestie sie a cleir way how all the byganes of the same may be broght
in within this twellmonthe.
153. William Eakl of Airth to the Commissioners anent his Accusation.
Copy.
Airthe, 10 July 1633.
My most honourable Lordis, — I iutendit to haue waitted vpon your Lord-
ships this nicht at Halyroodhous, bot being so seik as I am not able to sturre,
I am forced to mak thes speik for me, which is shortly this, — I will never
acknowledge thes wordis in Sir James Skeene's paper, for I never spok them ;
as to the equivalent, or wordis which may be drawen to that sense, I wishe to
heir the wordis, and then I would goe neir (positivlie) to say iff I hade spoken
them or not, and if such a slip hade been, I protest to God I should ingenu-
ously acknowledge it.
Bot having examined myself from my infancie to this tyme, so farr as a
man's memorie can instruct him, I doe not remember that any such wordis
lies escaped me.
1633.] JOHN EARL OF TRAQUAIR. 153
Zit, seeing his Majestie lies be exaruinatione of thes of good qualitie
(whos names I doe not know,) collectit als much by circumstances as that
some wordis, tending to that sense, ather when I wes a chyld, or (as they mey
call it,) being ather drunk or madde, hes slipt from me, I will rather submitt
myself absolutly to my Master's good will and pleisour to vnderly what it
shall pleis him to impose vpon me, then be tryed by any judicatorie, with
this additione, that (as I haue a soull, and wishes it to be saved,) I hade never
a disloyall thought to my master, so that iff any words alledgit to be spoken
in my infancie, or as I haue said befoir, ar now by the malice of some wrested
to that sense, I am confident his Majestie and your Lordships will rather
think it error and lapsus lingue then mentis. This is all I can say, and,
withall, does hiunblie submit myself to his Majestie's will and pleisour, who,
I doubt not, when he shall compair my actiones and integritie with thes
wordis which he hes heard now, will haue respect both to myself and to that
hous of myne, which is now of aboue tuo hundreth zeires standing, without
any tuiche of disloyaltie. So I rest,
Zour Lordships' most affectionat and humble seruand.
154. John Eael of Traquair to William Earl of Aikth. — 15th July 1633.
Copy.
My Lord, — Seing your Lordship hes bein pleased to intrust me with a sub-
mission to his Majestie, written and subscryved with your awne hand at
Halyrudhous, the fyftein of July 1633, I, out of the confidence I have of his
Majesteis gracious dispositione to mercy, am so confident of the expression
therof towards your Lordship, that notwithstanding of the forsayd submission,
I oblische me, upon my honor, ather to procure from his Majestie a warrand
under his sacred hand to assure your Lordship both of your lyf and forfaltour,
154 STATE AND OFFICIAL LETTERS. [1633.
or utherwayes to raport the same bak agane to your Lordship. In witnes
qiilierof I have subscryved thir presents at Halyrudhous, the fyftein of July
1633.
Zour Lordship's servand.
Warrand for Airthe's pardon vpon his awin acknowledgement of his error.
155. Exceept from Draft Letter by John Earl of Traquair to King
Charles I. anent the submission of the Earl of Airth. — [July 1633.]
Most sacred Soveeane, — May it pleas your Majestie to look upon this
enclosed submission from the Earle of Airthe, written with his awne hand,
quhairin if ther be any word amise, or any thing zit to be added upon the
significatioune of your Majestie's pleasour to me, I sail discharge faithfullie
quhat your Majestie sail be pleased to intrust to me ; in the meantym he is
reteared to the contrei, not to sture from his awne hous to your Majestie's
pleasour be knawen.
If upon this submission your Majestie resolve to signifie your pleasour
towards him, your Majestie wald considir upon the forme of the doome or
sentence your Majestie is to pronunce against him, that the same may be
sutch as in a legall way may subsist. . . .
Your Majestie's humble and obedient servant.
156. William Earl of Airth to King Charles I.
Airthe, 3 Apryll 1634.
Most sacred Soveraigne, — I doo humblie thank zour Majestie for zour care
to preserve my hous from ruine, quhich the Erlle of Traquair hes signified
1634.] WILLIAM EARL OF AIRTH TO KING CHARLES I. 155
wnto me, and to the effect that those moneys quhich, in zour royall bountie,
zour Majestie is to bestow for releife of my depts, to wphould that hous, may
doo the thing for quhich zow give it, I will treulie lett zour Majestie know
the case my hous stands presently intoo.
There is ane contract betuix my freinds quhow ar cationers for sum of
my depts, and me, quherin, and wnder trust, I gave them securitie of all my
lands for releif of those soums for quhich they ar ingadgit, nather did I think
that they would tak any advantage further then there owne releife ; bot they
have obteined ane decreite befor the Lords of Sessione of all my lands, and
ar presently taking possessione, and will denude me of all at Witsonday nixt,
notwithstanding that the lands ar worth a greate deall more then thrys thos
soumes for quhich they ar ingadged. I have only a regress by ane reversion
at Mertimes nixt, and if I doo not pay them all there soumes at that tyme it
doeth expyre, and my lands shal be irrecoverable. I have wther depts besyde
for quhich I have soulde on baronie of land and morgadgit ane wther, so this
is the dangerous and trew estate of my hous for the present, and if zour
Majestie wil be gratiouslie pleased to caus pay thes soumes at Witsonday and
Mertimes nixt quhich I ow to thes cationers, it will zit houlde wp that hous
with sum small competencie of meanes. And if this cannot be, I doo most
humblie beseech zour Majestie to give me leave to retire out of this kingdoome,
quhere I may live and die obscurlie and not sie the fall of my hous ; for in
quhat place soever I shal be I will stdl pray for zour Majestie's long and
happie raigne, as becometh,
Zour Majestie's most faithfull subiect and humbill servitor,
Airthe.
To the King his most excellent Maiestie, — Thess.
156 STATE AND OFFICIAL LETTERS. [1639.
157. William Earl of Airth to King Charles I.
Edinburgh, 20th September 1639.
Most sacked Soveraigne, — I have, according to zour Majestie's comande-
ment, attendit zour Commissioner all the tyme of this Assemblie and Parlia-
ment, and I have given my advys and assistance to him quhen he did requyre
it, in every thing that micht conduce to zour Majestie's service, and altho'
I know that the Commissioner and wthers have alredie advertised zour
Majestie of the most materiall things that were doone in the Assemblie,
and how far the Parliament hath hithertoo proceedit, zit I have presumed
to send this inclosed note heirwith, quhich will lett zour Majestie know
the most materiall things quhich I conceave were doone thair ; and I doo
humblie beseeche zour Majestie to reade it, for altho' it wes long in
comming, becaus I would not troubill zour Majestie with letters wntill I
should sie in quhat maner businessis were lyke to conclude, zit I believe
zour Majestie shall find the most substantiall things ar vrettin in this
note, and quhat is in it is treuthe. The Commissioner did not name me
wpon the articles, so that I am not abill to give zour Majestie such ane
acounte of those things that ar doone in Parliament, as I have by that note
showen quhat wes doone in Assemblie. Zit I beleive that I have gone als neire
as a man quha is made ane stranger to affairs can doo ; and alltho' I am not
wpon the articles, zit I doo attende and doo meite at counsell or committies
for parliamentarie effaires quhensoever I am called by the Commissioner.
Zour Majestie commandit me to have ane watchfull eye over the actiones of
ane officer of estate heir. I doubt not bot zour Majestie dooth remembre of
the man, and I have lookte wntoo him, altho' they have neide of many eyes
quha can weell find out his wayes. I doo only perceave this much, that the
Commissioner doeth communicate to that man and wther tuo in private all
1639.] WILLIAM EARL OF AIRTH. 157
the effaires, and the remanent ar, thereafter, called too them. I have presumed
to send this berar expresly, humblie intreating that zour Majestie wil be
pleased by thrie lynes from zour selfe to give me zour Majestie's directiones
how I shall cary my selfe in tuo particulars — first, seeing the Comissioner
and moste parte of the Counsell have signed this covenante, and that I have
not doone it as zit, I beseech zour Majestie to commande me quhat I shall
doo ; the nixt is, that I intreate zour Majestie's directione if I shall friely give
my opinione, altho' wnrequyred, to the Commissioner in any thing that may
conduce to zour Majestie's service, or if I shall be silente at this tyme. Of
thes tuo I do humblie intreate zour Majestie's pleasour, and I desyre none to
know of it, for James Livingstoun will immediatly returne the berar efter he
receaves zour Majestie's letter. I find that my cowsing Montros hath caried
himself both faithfully, and is more willing to contribute to his wttermost in
anything for zour Majestie's service, then any of these Lords covenanters ;
and I am confident that he will keepe quhat I promised to zour Majestie in
his name, quherfor I doo humblie intreate zour Majestie that by ane letter to
him zow will take notice and give him thanks, and desyre the continowance.
I wish the letter be inclosed within zour Majestie's letter to me, and as I find
the effects of his service to zour Majestie at this Parliament, I shall ather
delyver, or keipe wp, the letter. So attending zour Majestie's directiones, and
praying for zour Majestie's long and happie raigue, I rest,
Zour Majestie's most faithfull subiect and humble servitor,
For the King his most excellent Majestie, — These.
158 STATE AND OFFICIAL LETTERS. [1654.
King Charles I. to William Earl of Aieth. — [Holograph.]
Endorsed on the preceding Letter.
26 September 1639.
To the first, I esteeme them more that does not then those that does sygne this
last Couenant, though my Commissioner and most of my Councell hath done it ;
as for giuing your opinion, if hee aske it, yow shall do well to giue it him, other-
wais not ; for I suspect that the issew will not be so faire, but that he will be
glad to lay the burden on other men's shoulders to ease his owen, which he
may the reddilier doe, if you should eather giue him councell unasked, or being
desyred, not to giue him your advyce.
C. E.
For the Earle of Airthe.— 26th September 1639.
158. General George Monck to the Earl of Airth. — 17th May 1654.
Whereas the woods of Milton and Glegait, in Aberfoyle parish, are great
shelters to the rebells and mossers, and doe therby bring many inconveni-
encies to the country therabouts : These are to desire yow, on sight heerof, to
give order for the cutting downe of the said woods with all possible expedi-
tion, that soe they may nott any longer bee a harbour or shelter for loose, idle,
and desperate persons. And heerof yow are nott to fayle. Given vnder my
hand and seale, att Cardrosse, the 17th day of May 1654.
■George Monck.
To the ri"ht honorable the Earle of Earth.
1657.] GENERAL GEORGE MONCK. 159
159. The Same to Lokd Kinpont.
Dalkeith, 12 February 1657.
My Lokd, — Since your Lordshippe was with mee last, I received a letter from
Colonel Daniell about the difference I wrote to him to take uppe betweene your
Lordshippe and Duffra, 'by which I vnderstand that those engagements for
which hee is troubled were for your familie, and that you have lately bought
the comprisement, soe that, my Lord, you will deale very hardly with him in
case you should nott bee willing to putt itt to some freinds to take itt vppe,
and, if I may prevaile with your Lordshippe, I should perswade you to referre
itt to Colonel Daniell to end the businesse, and nott to mine the poore gentle-
man, who hath bin alwayes ready to engage himself and fortune for your
familie, and truly if your Lordshippe will please to referre itt to Colonel
Daniell to make an end of itt, I beleive you will doe much like a gentleman
in itt, and I shall take itt as a favour done to,
Your Lordship's humble servant,
For the Eight Honorable the Lord Kinpoint, — These.
160
FAMILY AND DOMESTIC LETTERS.
100. William Earl of Airth to his cousin, William Grahame of Polder.
Yll, 12 August 1646.
Cousine, — I receaved zour letter, qher I find that zow are faithfull to me ; and
be confident zow shall have ane noble meiting. I desyre zow not to sturre
from that till zow hear againe from me. I ame very weill pleased with qhat
ze are doing in my Lady Kinpountis bussines, and I desyre zow to continue
it. I hade writtine more particularlie to zow, if Patrick Menteith hade not
assured me that ze was come to Kippen, which I wold not beleive. General
Major Midletoune hes given ane warrand to my Lord Perth, Tullibardine,
and me to keip the headis of thir countreis, and we are to meit this Satterday
at Dumblane to setle it, and imediatlie after our meiting, zow shall hear from
me, for I will appoynt zour father and zow leaderis of my people. I hade not
sent in this bearer at this tyme if it hade not beine with venisone to my Lord
Gray. And this bussines of putting ane watch on the headis of thes coun-
treis be thes noblemen and me is to prevent vtheris. I know ze will
vnderstand me. So, till my nixt, I rest,
Zour loving cheif,
AlRTHE.
This is the best bussines that ever we gott done, qherin
we ow ane obligatione to my Lord Tullibardine.
For my loving cousine, William Grahame of Polder. — These.
1660.] SIR JOHN CAMPBELL OF GLENURCHY. 161
161. Sir John Campbell of Glenurchy, (father of the first Earl of Breadalbane,)
to his father-in-law, William Earl of Aikth.
13 September 1660.
My very noble Lord, — I receiuit zour Lordship's lettre with all imaginable
contentment, and the rather becaus I perceave thereby that zour Lordship is
in hailth, and that zour Lordship hes so tender a regarde to the standing and
credite of my hous, the prosperitie quhairof doth much consist (vnder God's
providence) in a Christiane mutuall dewtifull observance betuix me and my
eldest son, who being misled by ill advys, is lyk to occasione our joynt over-
throw, if it be not prevented in tyme, which is now a speciall dewtie lyeing
vpon me to effectuat. Zour Lordship's advys and concurrance in thes affairs
we may not want, zour Lordship being now our only father living, and we
being zour Lordship's childreine, vpon which accompt I sail intreat zour
Lordship to be pleased to signifie to me at quhat tyme I sail wait vpon zour
Lordship to give a trew character of all our particulars, and to resolve vpon
the best remedies. I cannot expres my greiffs being tossed betuix thes tuo
extremities, the vigilant care I ow to the weellbeing of the hous, and my
naturall affectione towards my sone, whose singular naturall indewments
merits love and respects. As for my pairt, I haif constantly adhered to thes
premeditat grounds zour Lordship proposed a litle befoir my vncle Sir Coline
his deceas, bot my son builds vpon other fundationes, indevoreing all he can
to depryve me of my lyfrent ryt and owin all ; at his optione I attended with
patience for 3 or 4 zeirs expecting his resentment, bot I find now, to both our
prejudicis, that I haif beine silent too long. I pich vpon zour Lordship as
the speciall nobleman quho is most concerned and neirest tuiched in our
affairs, and most able and fitt to sie our affairs put in a right frame, hopeing
x
162 FAMILY AND DOMESTIC LETTERS. [1661.
zour Lordship will say so yourself. In confidence quhereof, and referring
metters to zour Lordship's prudent consideratione, I remane,
My noble lord, zour Lordship's obedient son and most humble servant,
S* J. C, Glenurchay.
I present my dewtifull respects and service to my Lady.
I expect zour Lordship lies possiblie heired sumquhat fra Sir James, zour
Lordship's son, in relatione to quhat I wret to zour Lordship in my former
lettre.
For my very honourabill and most respected noble lord the Earle of Airth, —
Thes.
162. Sir John Campbell of Glenurchy to his father-in-law, William
Earl of Airth.
Mochaster, 1 January 1661.
My noble Lord, — I had no lettres from zour Lordship this long tyme, tho I
did expect some. Allways I cam heir of intentione to haif waited vpon zour
Lordship, but I heir the yce of the loch will not permitt acces, and now being
desyred to goe to Edinburgh by my Lord Chancellor, quho is, and still was,
my most faythfull and constant freind, quho vpon that accompt hes vnder-
takin to sie the affairs of my estait reduced to a better frame, all my designs
of the layeing the best fundations for that work by zour Lordship's advyce ar
prevented, since I cannot goe speik zour Lordship, for ther ar many circum-
stances to be advysed and resolved, and I find much prejudice in many of my
son's actions, tho' otherwayes in his deportments he caries himself very
worthily. I am convinced that the payeing of debt, provisiones to my
childreine, with competent allowance for my family and my sons, are to be
takin to consideratione in the first place, and the mischeivous burdeine of
1661.] SIR JOHN CAMPBELL OF GLENURCHY. 163
Chalmerlans takiu aff, — this was my grandfather, Sir Duncan's, adrnonitione
to me, and I could never heir nor know of any gentleman in the High-
lands quho's prudence in the metter of governement of his estait was more
extolled then his. Since I may not contract so many particulars within the
narow limits of a missive letter, nor yet haif the happines at this tyme to
conferr with zour Lordship, it appeirs to be nixt best that zour Lordship
communicat zour nrynd to Gartmore, and desyre him to cary the same to
Edinburgh within thrie or four dayes, quhair I sail attend him ; for I find him
worthie of that trust, both in relatione to his interest in my son, respects to
ws both, and to the gude of our hous. I haif writtin to him also by this
bearar, and expects he will not refuise this trouble for so gude ane end. On
thing farder I must begg of zour Lordship, which is, that zour Lordship will
owne your awin advys, that I sould give to Sir Archibald Campbell at the
tyme of my vncle, Sir Coline's, being in his deathsbed my bond of 16 or
20000 merk to move my said vncle to subscryve to all thes provisions
conteined in that long band ; quhilk provisions wer resolved vpon be zour
Lordship and myself in zour Lordship's hous befoir they wer proponed to Sir
Archibald. If •which had not beine perfyted befoir my vncle's death, it is
evident that our hous had perished long since, evin tho' the tymes had beine
paceable. I haif the principall minut of that transactione in my companie,
quhilk will cleir this point, for I am traduced by my vnfreinds as if my
giving that bond had only proceided vnadvysedly of myself, quhilk maks me
now to intreat this metter of zour Lordship, for ther ar none living except
zour Lordship and I that wer accessarie to that transactione or to the grounds
vpon which we walked then ; and altho thes great revolutions quhilk have
interveined have altered the state almost of all affairs, yet at that tyme ther
was a necessitie to tak thes coursis, and as metters stand at the present tyme,
the standing of our family is not a litle furthered therby. Zour Lordship
164
FAMILY AND DOMESTIC LETTERS.
[1662.
may be pleased to wryte heirof to my Lord Chancellor, to myself, or to my
sone, for my vindicatione, for it greivs me to susteine blame for my weell
doeing or indeservedly. So referring the premissis to zour Lordship's wyse
consideratione, I remane,
Zour Lordship's most obleidged son and assurit servant,
S* J. C, Glenurchay.
I hope my Lady (to quhom I present my humble service and dewtie) will not
only excuse my not wryting to her Ladyship, bot also be a sollicitrix for her
motherless oyes, my doghters, of which thrie are now manageable, and lyk to be
so long eneugh, if my son haif power to do, as he hes doone, to their prejudice.
For my most respected noble lord the Earle of Airth, — Thes.
163. William second Earl of Airth to his cousin, the Laird of Gartmore.
London, last September 1662.
Dear Couseing, — I receaved yours on the twentie nynth of this instant. I
give yow hearty thankis for your cair and vigillency in all my affaires in that
countrey. I hope a litill tyme shall dissapoynt many of their expectatiounes,
qhich I will not vent till I have it in hand, at least ane warrand for it, qhich
is the ecpiivalent. I am sory that my grandmother, my Lady Airth, should
put any stope in my bussines at all, qhich I hope tyme will amend. I re-
ceaved twenty tuo pound sterling from Eonnald, qhich, truely, hes only payed
qhat I wes owing to Sir William Clerk and Mr. Heyne, except only thre pound
ten shillings that I keiped to myselfe, qhich will scarcly gaine me till yow
send more. Sir, yow may calculat the rent of Droumond, and yow sail find
that ther restis to me of this yeiris duty eight hundreth merk, or therby,
besidis the six hundreth poundis that is dew to yow and my sisteris local-
litie, and besidis that thre hundredth merks, with the few, takdewetie, and
1662.] WILLIAM SECOND EARL OF AIRTH. 165
vncarrage of this yeir, ther will, I say, besidis all this eight himdreth merkis
aforsaid be yit resting to rae, so that I pray yow let some of the readiest of
it, with quhat can be gottin of John Droumondis herzeld, (Eonnald wrytes to
me that they offerred him tuo himdreth merkis,) qhich if yow, couseing, can
gett more from them, if not, send that same and other herzeldis, or any other
things that can be had, that the mony therof may be sent presently to me ; for,
truely, I am owing to Phititiane's heir twelve pound sterling, and above, be-
sidis quhat I borrowed from M r ! s Hewes, Mr. Allane, and Mr. Ewing, qhich,
in all, will amount to fyve and twentie pound sterling, qhich, truely, I am
ashamed to stay in the toune, and they dayly seekeing moneyes frome me.
Therfore I will goe out this week to the countrey, and stay ane fortnyght ther,
till yow send me moneyes to pay them, qhich I hope, couseing, ye will delay
no tyme therin. I most confess it is the wrong tyme to goe to the countrey,
qhen I should attend his Maiestie's pleasur, in my affairis. I pray yow keip
this secreet to yourselfe. His Maiestie promised to my Lord Marshall and
me that he would give me ane considderable soume out of the fynes of Scot-
land qhen my Lord Comissioner comes wp, bot he will not dispose of any of
them till then. I have wryttin to my Lady Marshall, my grandmother, that
her Ladiship wreat to my Lord Middeltoune in my favouris for that effect, for
I know his Lordship will obey hir commands therin. Keip this also to your
selfe. M[y Ladie] Airth, my grandmother, lies sent me wp ane mutuall con-
tract [betuix] me and hir, qherin ther is many particulars containes, qhich I
[will considder] weill befoir I subscryve. I will hardly doe it at such [a
distance]. I pray yow, deir couseing, continow in acting in any thing [con-
cerning] my weill, honnour, and credit in all my affairis in Monteath, and
| ], or anyqher else in Scotland that I am concerned, as ye love
[me. Excuse] me at my sister Elizabeth, her handis, for not wreating to her
[before this] tyme ; bot I will wreat surly to her with the nixt. I pray [yow]
166 FAMILY AND DOMESTIC LETTERS. [1662.
acquaint rue with all the effairis of my countrey. So hop[ing yow will] send
me so much money as will satisfie those persones that I [am owing] to heir.
For the Exchequer, I cannot expect any thing out of it in heast, becaus the
Thesaurers and Theassurer Deput ar heir. I rest,
Your very loving couseing to serve yow,
Airthe.
For the Laird of Gairtmoir, — These.
164. "William second Earl of Airth to his cousin, the Laird of Gartmore.
London, the 13th of November 1662.
Very loving Couseing, — I have wryttin severall tymes to yow, bot nevir
receaved any answer. Bot my man Eonnald wryt something to me concerne-
ing the rent of Droumond, that yow had takin band from them for all the
rent thereof for this yeir, so that thej would not accknowledge me nor any
warrandis I sent home to my servantes there, that there myght be some of
the rentis sent wp to me, qhich I hope ye will deale more justly, and take
nothing bot qhat is your dew, qhich ye know is six hundred pound Scottis,
qhich I am most willing ye sould have. Bot yow know the restis of the
rent is dew to me, especially since I gave bond to my Lady Marshall for that
effect. Therfor I hope and expect that so soone as this comes to your hands,
ye will send me all the moneyes ye can gett, ether from the tennentes or by
the herzeldis, or any other maner of way, and send it wp to me with all
possible hast. Truely I am in verie great need of it, and it may be the tyme
may come that one good turne may meet ane other. I have wryttin to
Bochaplle by reasoune he medled with the last yeiris rent of Monteath ;
concerneing Dunglass and the Muschettes, that he also this yeir gett ane
discharge from them for all termes preceiding, else not to suffer them to take
1663.] WILLIAM SECOND EARL OF AIRTH. 167
wp the rent, which I hope, couseing, yow wil be assisting in every thing that
tendis for my honnour and good, qhich is expected by,
Your most affectionat couseing,
Airthe.
For the Laird of Gairtmoir, — These.
165. The Same to the Same.
London, the 14th Aprill 1663.
Worthie Couseing, — With much adoe, doe I dictat these lynes to yow, for I
am lying bedfast, very seek, and weak of a violent and strong ague. I took
it wpon the fyft of this moneth. It misseth only one day, and I take it the
nixt, constantly. It lies shaken me so allready, that allmost I cannot stand
wpon my feit, and the Lord knowes cphen it will leave me, and the great God
of heavin and earth knowes that I have hot few freindis hear ; hot of His
mercy I hope He will provyd for me. The Lord sail be my witnes I have not
twentie shillings money at present, nether doe I know qher to get any.
Therfore I humbly beseech yow, dear couseing, not to faill me this tyme, to
caus the tennantis of Drymen to advance that tuentie pound sterline that I
wreat for long agoe ; be it les or more, I intreat yow send some. If I wer
one my feet, I would les cair. It is long agoe since Eonnald wreat to me
that William Droumond would send me wp that tuo hundreth merkis for his
brother's herzeld. I sent him warrand to fit in the soume of Middle Gart-
farrance, and I beleive he hes receiued it long agoe. Therfor I intreat yow
ageine to send me some money as soone as ye can ; if ye doe not befreind me
therein, I have bot few freinds, and how knowes bot the Lord may raise me
wp yet from this low conditioun that I am in ; and assure yourself that yow
and yours sail never repent of qhat ye have done to me qhen the Lord sail
168 FAMILY AND DOMESTIC LETTERS. [L663.
bless me with those things that is convenient for me, qhich I patiently wait
for ; it wes a great trouble to me to say this much. I am ever,
Your most affectionate and obleidged couseing,
Aikthe.
I know not his Majestie's answer yit in my desires to the King, qhich the
Queen Mother hes promised to gett positivly, qhich I expect dayly; and
although I he in this conditioun, yit I have some strangeris (I thanke God,)
that does for me, qhich I will give yow account, qhenever I get it.
For my worthie and loveing couseing, the Laird of Gairtmoir, — These.
166. William second Earl of Aieth to the Lady Elizabeth Grahame,
his sister.
Edinburgh, 12 October 1663.
Dear Sister, — Altho' I reatt an ansyre to that letter yow sent me anent that
bussines with Gartmoir, yett I am desyred of neu againe by Master Thomas
Mitchall to reatt this, by reason that Gartmoir cumes north himself to putt
sum close in itt, and I beleve he is the bearer of this letter, wheras I reatt
befor that I reffarred itt altogither to your ouen will to doe in itt as itt pleiseth
you ; for you knou I have no portion to give you att all, so that he that had
formalie a desyre for you wold have takin as you ar, bot you knou I left that
also to your ouen uill, as I doe in this ; and if I had or toock anj engadgment of
you, as to that of Gartmoir, be uhat itt will, I frely pas from itt, for I doe not
mind any such thing. Therfor, if yor ouen inclinations be for itt, as I reat
befor, in God's name doe itt. I willingly consent to your ouen inclination
therin. I can say no mor bot that I am,
Your most affectionatt brother and servant,
Airthe.
For Ladie Elizabeth Grahame, — These.
1667.] WILLIAM EIGHTH EARL OF MENTEITH. 169
167. William eighth Earl of Menteith to David second
Earl of Wemyss.
Yle, Monteith, 18 November 1667.
Eight Honorable, — The nmltitud of affaires does mak me neglect my deutie
unto my noble freinds : for I am uarpt in a laberinth of almost a never end-
ding trwble ; and it is not the least that I cannot, so soon as my soull and
heart desirs and reallie wishes, [make] your Lordship payment and satisfaction.
My Lord, doe not, I beseech you, misconstruct my honest, though weak,
intentions ; for there 's no man under heaven, nor living on the face of the
wholl earth, that I uold gladlier pay and content then your Lordship, that I
might hav one a discharg from your Lordship. And for my procurment, ther
is no uey in the wordle that I sail leave untryed, ether by selling, woodsett,
or borrouing, untill your Lordship be pyed.
I doe not knou hou it 's uith the east of Scotland ; but I am sure our
contrey got never a uorse year, for making of monyes then this is. For
although all the ky and horses in Monteith uar driven to the market cross,
they culd not advanc, tho' ther Lives lay on it, fyve hunder mark Scots : and
uhat I sal doe this year, the Lord knoues, for I knou not. Both myself, land,
uoods, ky and horses, I lay all befor your Lordship, doe as it seemeth good in
your eyes ; for on everie syde I am perplext by to pressing credditors, and in
conscenc this terme of Martimis they uil get no monyes tho' they should tak
my life. But I conseff your Lordship to be the most ingenuous and noble,
and best to me of all my credditors. My Lord, I uil not multiplie discourse ;
but, on my faith, it 's too reall a truth, uhat I have ureatten, uich I am most
sorie for ; but yet I hop to get your Lordship sum monyes near Candelemis,
tho' not so much as I exspected at Lambas last. With this I humbly desire
Y
170
FAMILY AND DOMESTIC LETTERS.
[1679.
to present my most humble servic to your noble, speciall good ladie, so I am
ever,
Your Lordshipp's unchangable and obedient devoted servant,
Menteith.
My Lord, be pleased to accept this small present from me, your servant.
For the Eight Honorable the Earell off Weeymes, — This present.
168. [John Gkahame of Claverhouse, afterwards Viscount of Dundee, to
William eighth Eael of Menteith.— Circa 1679.]
My dear Lord, — Since I pairted with you, I waited on my Lord Montrose at
Sterling, and from thence to Comernad, and so to his owen house. I told
him all that had passed betuixt your Lordship and me ; he seemes to be very
well satisfyed, and assurs me that he will com to Edinbourg when ever I shall
advertise him. I would apoint no daye till I acquainted your Lordship with
it. So, my Lord, if you contineu your resolution in it, I shall wait for your
comands with this bearer. My Lord, as your friend and servant, I doe tak
the liberty to give you on advise, which is that ther can be nothing so advan-
tagious for you as to setle your affaires, and establish your successor in tyme,
for it can doe you no prejudice if you com to have any childring of your owen
body, and will be much for your quyet and confort if yoe have non ; for who
ever you mak choyse of will be in place of a sonne. You knou that Julius
Caesar had no need to regrait the want of isseu, having adopted Augustus, for
he kneu certenly that he had secured to himself a thankfull and usefull
friend, as well as a wyse successor, neither of which he could have promised
himself by having childring ; for nobody knous whether they begit wyse men
1679.] JOHN GRAIIAME OF CLAVERHOUSE. 171
or fooles, beseids that the tays of gratitud and friendship ar stronger in gener-
ous mynds then those of natur. My Lord, I may, without being suspected
of self interest, offer some raisons to reneu to you the advantage of that
resolution you have taken in my faveurs. First, that there is nobody of my
estat out of your nam would confound there family in yours, and nobody in
the nam is able to give you those conditions, nor bring in to you so consider-
able an interest, besids that I will easier obtine your cusin german then any
other, which brings in a great interest, and contineus your family in the right
lyne. And then, my Lord, I may say without vanity that I will doe your
family no dishonor, seing there is nobody you could mak choyse of has toyld
so much for honor as I have don, thogh it has been my misfortun to atteen
but a small shear. And then, my Lord, for my respect aud gratitud to your
Lordship, you will have no raison to dout of it, if you consider with what a
francness and easiness I lieve with all my friends. But, my Lord, after all
this, if thes raisons cannot perswad you that it is your interest to pitch on
me, and if you can think on any body that can be mor proper to restor your
family, and contribut mor to your confort and satisfaction, mak frankly
choyse of him, for without that you can never think of geating any thing don
for your famly : it will be for your honor that the world see you never had
thoghts of alienating your family, then they will look no mor upon you as
the last of so noble a race, but will consider you raither as the restorer then
the ruiner, and your family raither as rysing than falling ; which, as it will
be the joy of our friends and relations, so it will be the confusion of our
enimys. I am, my dearest Lord,
Your most humble and most faithfull servant,
J. Geahame.
172 FAMILY AND DOMESTIC LETTERS. [1679.
169. John Grahame of Claverhouse, afterwards Viscount of Dundee, to
William eighth Earl of Menteith.
My dear Lord, — I have delayed so long to give a return to your kynd letter,
expecting that my man should return from Yrland, that I myght have given
your Lordship ane accompt of the state of my affaires, but nou that I begin
to despair of his coming, as I doe of the succes of that voyage, I would not
loose this occasion of asseuring your Lordship of my respects. I have recaived
letters from my Lord Montros, who gives me ill neus, that ane Yrish gentle-
man has caryed away the Lady, but it is not certain, thogh it be too probable.
Houever, my Lord, it shall never alter the course of our friendship, for if, my
Lord, either in history or romance, either in natur or the fancy man ther
be any stronger names or rairer exemples of friendship then these your Lord-
ship does me the honor to name in your kynd and generous letter, I am re-
solved not onlly to equall them, but surpass them, in the sinserite and firmnes
of the friendship I have resolved for your Lordship. But, my Lord, seing it will,
I hop, be mor easy for me to prove it by good dieds in tyme to com, then by
fyne words to express it at present, I shall referr myself to tyme and occasion,
by which your Lordship will be fully informed to what hight I am, my dear
Lord, your Lordship's most faithfull and most obedient servant,
Dumfries, February the 14, [16]79.
My Lord, I hop to hear from you, and knou if you hear any thing of what
my Lord Montros wryts to me.
Lor the Eight Honorable the Earle of Menteith.
1679.]
JAMES THIRD MARQUIS OF MONTROSE.
173
170. James third Marquis of Montrose to [William eighth Eael of
Menteith.]
Mugduck, 30 May [16]79.
My Lord, — I would haue sent the dog this day, but I waited for the letters
by the last packet, which were some thing late a coming. I send your Lord-
ship here inclosed the journals of Parliament, which contain all the news
the Court affords, for ought I know. I met with Claverhous to clay, who is
sent with his troop, and a troop of dragoons, to guard some arms and ammu-
nition transported to this countrey. The fanaticks in Clidsdale were yester-
day so insolent, that a party of them, reported to be about three score hors,
entred Rugland, burnt the Declaration and Oaths of Alegiance and Supremacy
in the bon-fire there, and then put it out, intending the like at Glasgow, but
being advertised that Clauerhous' troop was there, desisted from that inter-
prise, and dispersed, hauing been pursued by a party of that troop till mid-
night, tho' in vain. Claverhous tells me he would haue waited on your
Lordship at this time, if he were not so strictly oblig'd to attend his charge,
but promises to be with you about pouting -time, at which time you may also
expect to be waited on by, my Lord,
Your Lordship's most affectionate cousin and most humble servant,
For your Lordship.
174
FAMILY AND DOMESTIC LETTERS.
[1679.
171. James Third Marquis of Montrose to [William eighth Earl of
Menteith.]
From the Camp at the Muirhead, 19th June [16]79.
My Lord, — I motion'd your desire in Counsel before I receiued your letter,
and it was judg'd so reasonable, that your commission had been granted, had
the Lords not thought that, by reason of your indisposition, you would haue
been unfit for that command, but now I do not question your Lordship will
haue your orders for it. I haue forwarded your letter to General Dalzel, who
has hitherto only a particular command in our army, but the Duke of Mon-
mouth is General in Chief, and reaches the army this day. I haue been abroad
all night, which makes me very drowzy, and therefor I beg your Lordship's
pardon that I cannot at present insist upon other particulars, hailing only so
much time as to write myself,
Your Lordship's most affectionate cousin and most humble servant,
Montrose.
For the Earl of Monteith.
172. Sir James Graham, third son of William seventh Earl of Menteith, to
his nephew, William eighth Earl of Menteith.
London, October the 25th 1679.
My much honored and dear Lord, — Yours of the 25th of July came to my
hands the 20th of this instant, and I am overjoyed to hear that yow are
perfectlie recouered of your distemper, and that yow are in very good
health, and I pray God to continow yow so many years. As for the pain
of the gowt it is troublesome, but I hope not dangerous. I should haue
bein hartily glad of the honour of your company in Irland, and I doe assure
1679.] SIR JAMES GRAHAM. 175
yow non leiuing should haue bein weelcoiner to my house then yow. Yow
mention in your letter a toaken that yow wer pleased to send me for Irland of
six Glascheyll cheisses. I doe returne yow my hartie thanks for it, and I
hope the nation shall haue credit by them, for I mean to outvy all Irland. My
Lord, these are to giue yow notice that his Eoyall Heighnes parts from hence
for Scotland one Munday nixt, and, as I presum, intends to keep his Court
ther at HoHyroodhouse ; my humble advyce to your Lordship is, that you
will render your humble dutie and service to his Heighnes, for they say he is
very kynd to our name. The bearer heirof, Leiutenant Collonell Grahame, our
cossen, and grandchyld to old Sir Richard Grahame, I beseich yow make much
of him, and shew him all the fauour and kyndnes that lyes in your power ;
he is one of the Duke's bedchamber, and keeper of his privie purse. He is
the fitest person, as I conceiue, to make your adresses to his Eoyall Highnes ;
he is a very honest gentleman, and one that loues and honours your family.
My wyff, my sister Menteith, and my girle presents yow with their humble
service, and Nelly, my daughter, tells me that she will ask your consent in
her mariage. Shoe is very ill at present of a greivous could, and my wyff
with a fitt of the ston, or ellis shoe had wreatin to your Lordship. I am
become old and creasie, and so canot promise myselff the honour and happines
in seing yow in Scotland. I wish your Lordship many happy dayes, and shall
euer, whilst I haue being, subscrybe myselff
Your Lordship's most truely affectionat vnckle and humble servant,
Ja. Graham.
I shall desyr yow to lett me know wher I shall adresse my letters to
yow in Edinburgh, wherby I may keep correspondencie with yow. I in-
tend to stay heir this winter. If yow please direct your letters to the signe
of the Blew Boar, at Mr. Gumleye's house, ouer againest St. Clement's
176
FAMILY AND DOMESTIC LETTERS.
[1679.
Church, in the Strand, London. I beg the fauour to send the inclosed to
my doughter.
To the Eight Honorable the Earle of Monteith, in Scotland, — Thes.
173. William Eael of Menteith to his uncle, Sir James Graham,
at London.
Edinburgh, November 18, 1679.
Much honoured and dear Wnkelle, — Being informed that yow, your Lady
and daughter ar come over to Ingland, I thought it most convenient to wreat
those few lynes to yow, that seeing ye was not pleased to accept of the Laird
of Claverhows to match with that young lady your daughter, I have now
weell grounded and serious thoughts of a very honourable and noble persone
in this kingdome, which as I truly suppose may take effect to all our contents
and satisfaction beyownd any persone that ever yeet was named to hir, and I
am shure may be a match to the greatest lady in the Isle of Britane, but
because of the distance of place, that I can not communicat my thoughts in
this concernment of so noble and honourable a persone without I hade the
liberty from himselfe, I dare nor will not name him at present ; and because
affairs of this importance cannot be conveniently done unless all partys wer
personally present, I doe therfor most earnestly and humbly intreat the
favour and kyndnes from yow that ye would be pleased to honour me and the
rest of your freends in Scotland with your presence hear with your noble
lady and daughter, as soon as possiblely ye can with conveniency doe it, for
the present satlement of my family and the disposing of Mrs. Helenar, your
daughter, to a very noble and eminent persone that I shall propose to match
with hir in marrage, which by the next after that I receav your ansuer of this
I hope 1 shall give yow a better accompt therof, and who that noble yowng
1680.] WILLIAM EIGHTH EARL OF MENTEITH. 177
persone is cal'd, so nothing needs deferr your coming hear, for it is in your
way horn ward to Irland, and if ye think it necesarry, I shall geet yow a pro-
tection from the Councell hear that no man can reach yow or any thing that
belongs to yow for any debt at any person's instance quhatsomeever for four
or five months tyme, which ashure yourselfe shall be procured from the
Councell before ye set of from London, or yourselfe may procure a protection
from the King there. I have no mor to wreat at present, but only ye would
impairt this to my Lady which I have refered wholly to your letter, to whom
I present my very humble service and respects, and to Mrs. Helinar, your
daughter. I earnestly desyre the ansuer of this by the first post after it comes
to your hands. I bid yow hartily farweell, and I am, ever as it becomes,
dearest unkell,'
Your most affectionat nephew and very faithfull servant,
Sir, — I crave yow and my Lady pardone that I have mad use of aue other hand.
These for Sir James Grahame, at London.
174. The Same to [James thied Marquis of Montrose.]
Yle, 4 January 1680.
My deirest Lord, — I receaved the enclossed, and indeed I hav neid to hav
serious thoughts on it, which I most confess can not be doon at distanc, a
mater of so great concern as it is. I hop your Lordship will not be offended
nor angrie with me that I delay only for aught or nyn dayes tym to stay in this
contry, wher I hav got a perfyt recoverie of my health to admiration. I bliss
z
178
FAMILY AND DOMESTIC LETTERS.
[1680.
the great God of heaven and earth for his goodness to me, so for that litle tym
I hop your Lordship will pardon me, your faithfull servant ; for befor the 1 5
instant I sail, God willing, surly attend your commands at Edinburgh, for I'll
ryd quickly theron. I'll not wreat no affair bot only this, that I am exceeding
sorie that I cannot get on bout of thir rebells befor I go from this. Your Lord-
ship may surly exspect my beeing at Edinburgh befor the 1 5 of this mounth,
for I'll leav all things whatsomevir to attend for the advancment of your
Lordship's honor and intrest, and any thing that can contribut to giv you
reposs and content, which surpasses all earthigly enjoyments. I wold fain
mak my letter speak the thoughts of my mind, bot that I hold it nether saff
nor convenient to doe it at distanc an affair of so great concern of the noblest
and the most generous freind that 's amonst men, for soe is your Lordship
uhos intrest I hold deirrer then the life of
Your Lordship's truly affectionat and most obedient servant,
Menteith.
My Loed, — Only one thing mor I hav to say. Iff ther be any forces raised and
levied for his Majestie's servic heir in Scotland, I hop your Lordship will be
humbly pleased to speak to his Eoyal Heiglmess, that I may get sum
command of foot, that I may try what I can doe in all uhat concerns both his
Majestie's and his Boyall Heiglmess' intrest, for ther is nothing on earth that
I lov so weell as to be in a just war for my King and Erince, tho' I uas never
so fortunat to be in any plac to sho myself what is in me, tho' verie mein,
yet I assuir your Lordship I wold cordially doe with a most uiling meind
to be witness to your Lordship's most heiroick actions, tho' heirtofor ye
hav denyed me this honor, bot I hop ye wiE mak amends, if I dare say,
for a fault uich indeed in no other thing your Lordship did never disoblidg
me, bot only in hindring me to attend yow in the last exspedition, bot I hop
1680.] JAMES THIRD MARQUIS OF MONTROSE. 179
a little tyra may produce a furder bout wlierby your Lordsbip sail be uaited
on with all the desyre imaginable by, right honorable,
Your Lordship's ever faitbfull and devoted servant,
Menteith.
I hav not styet your servant bot till this day at nyn lioures.
1 75. James third Marquis of Montrose to [William eighth Earl of
Menteith.]
Edinburgh, 20th January 1680.
My Lord, — The very next morning after I receiued yours of the 12th by the
bearer, I went and communicated what it enjoyned to General Dalziel. His
advice was that I should acquaint the Duke with the affair, which I likewise
did. His Highnes was extremely pleased with your forwardnes to suppress
those seditious and disorderly meetings, and commanded me to detain the
bearer till the General, who was gone that day to the countrey, should return,
which I did. His Excellence came but last night to town, and this morning
I went to wait on him. At first lie seemed willing to grant your Lordship's
desire, but hauing, after further deliberation, found that he was not sufficiently
empowered to glue such commissions of himself, judged fit to protract the
busines till Thursday next, when in Counsel he promises to represent it to
the board, and press earnestly their determination in it. I question not the
result will proue to your Lordship's satisfaction, and yow may prosecute the
design with more security, being prop'd by so great an authority. I will not
fail to advertise you by an express of all that may relate to that affair. In
the mean time, I remain, with the wonted respect, my Lord,
Your Lordship's most affectionate cousin and most humble servant,
Montrose.
For your Lordship.
ISO
FAMILY AND DOMESTIC LETTERS.
[1680.
176. William eighth Earl of Menteith to James third Marquis of
Montrose.
Yle Menteith, 27 Maij 1680.
My Lord, — I receaved a long letter from my unkle, Sir James Graham, his
Ladie, to me, shouing that your Lordship from the verie first, that you never
intended to marie my cusing germain, and that my Lord Chancelor's daughter
is the person that 's pitched upon, and that they had not seen your Lordship
hot tuyse this mounth, wich as it seems to them ye declin the bussiness,
altho' my unkle and his Ladie thought it in a maner ended, and to tak auay
all excusses that after might follou, they resolved to mak up that four hunder
and fyftie pund starling a year by selbng that uich uold losse them three
tymes als much by the doing of it, bot they choyse rather to doe so then
suffer the inconveniences of sham and dishonor ; and that your Lordship was
pleased that the signatur to the King to pass it, without ever as so much
acquanting Sir James that your Lordship was to doe suche a thing, uhich,
uhen my unkle hard he went to Windsor, and sought for you, my Lord, both
in toun and Court, to knou the certantie if your Lordship intended to marie
his daughter, that he uold goe along uith you for the passing of it, bot
he could not feind your Lordship, wherfor he uent to the King, and asket
his Majestie if he had seen such a signatur. The King said Yes, bot he would
not pass it ; for, said his Majestie, the honor is in it ; uhereupon Sir James
told the King that it uas upon exspectation of a match betuixt your Lordship
and my cusing, his daughter, uich if that was doon the King's Majestie uold
doe all that was desyred ; and yet, my dear Lord, I feind that all along in my
Ladie's leter to me shee does not trust manie persons uold her belive strange
things of your Lordship, uich I am verie confident that ther is no person in
the woreld shee hes a more singular respect then for you, my Lord. Therfor
1680.] WILLIAM EIGHTH EARL OF MENTEITH. 181
seeing that my imkle, Sir James, and his Ladie is so resolved to mak up that
four hunder and fyftie pund Stirling yearly to your Lordship, I truly exspect
you will not mak a furder delay in going on to put a closs to the match, and
that all the uoreld may see that your Lordship hes been all alongs such a
noble person of tru uorth and honor, that you aluays scorn'd to doe anj un-
uorthie action, hot to perform that uich your Lordship had so solemnlie en-
gadged to me upon your word of honor, to marie Sir James' daughter ; for the
great God of heaven and earth knous that it was my first proposall to your
Lordship, that if ye should marie that young ladie, my cusing, ye should get
my esteat to help her fortun, if I uanted heirs meale of my owen bodie, only
that the tuo famjlies shovdd never be in on, bot that the houses of Montros
and Menteith might be preserved by this honorable way, and in uhat maner
your Lordship so nobly, keindly, embraced me for that proposition, and at that
tym most solemnje engadged, upon your Lordship's faith and uoord of honor, to
marie my cusing, uich you, my Lord, did afteruards manye hunder tymes con-
firme the samyn by manyie protestations of the reallitie of your Lordship's
intentions that uay, uich I did everie day reneu to you untill I had gotten
all firm assurrances that on man culd give to another, uhen I afteruards gav
your Lordship that disposition uich is betuixt us. My Lord, it is to tru
that I had loot tuo letters sine your Lordship uent to London, and ther was
not scare on uord in them concerning my cusing, bot verie litle or nothing
uorth of moment, uich in ureitting so offten to your Lordship, abov 18 letters,
and all concerning the maraig betuixt your Lordship and hei - , that I never
receaved no ansyre from your Lordship, uich indeed mak me begin to grou
jeilous of the realitie of your Lordship's intentions that uay, and I pray
God that I hav no reason to complein, for if I had stayed and not subscryved
that disposition, it had gon on farr mor esle then it's likly to doe nou.
Bot I uill not lay no hold on no reports untill I heir from your Lordship's
182
FAMILY AND DOMESTIC LETTERS.
[1680.
self uliither or not you intend to marie Sir James' daughter or not, and
efter that I feind that your Lordship uill not chang your faithfull promiss to
me, uich ye engaded to perform by all that's good and holly, afteruards,
uhen I hop fully to see so noble a person as your Lordship doe so honorable
ane action, then the uorld uill see that your uords and actions is all on ;
bot if alluays, as God forbid it should fall out, that you, my Lord, uold not
marie my cusing, I fear the consequenc uold fall ve[ry] il for both our persons
and famjlies, uich I trust, by God's mercie, that I sail never see nor heir the
lik, bot, for my ouen part, the uorld hes seen that I have doon honorable and
sincerly from the first to the last, tho' indeed yet I hav not found anything
from your Lordship nether suittable to my dealing, nor yet your manje
promisses to me. Bot the great God, that knoues the sacrets of all harts,
he only knoues uhat I have doone in reall effect to your Lordship, so 1 hop a
reall and sincere performance of all the things your Lordship faithfull pro-
mised me, and mor espissalie to marie Sir James Graham's daughter, uich,
till I knou from yourself the truth or untruth of all thos things that is
reported, I uill never beliv them, and till I heir furder, I will suspend my
iudgment, and God Almightie direct your Lordship aright in all your uays
to doe that uich is honorable and just, altho' all the uorld should say the
contrair, till I knou the truth therof from yourself, I uill not beliv it. So
exspected your Lordship's full and reall ansyre, uich is earnestly looked dayly
for by
Your Lordship's most affectionat cusing and faithfull servant,
Menteith.
My Lord, this seall is my ouen, and I am exceeding sorrie ye do not ansyre
non of my letters, tho' I hav written 18 leters sine ye went from Leith.
Thes for my Lord Marquis of Montros, at Court, Ingland.
1680.] JOHN GRAHAME OF CLAVERHOUSE. 183
177. [John Grahame of Claverhouse, afterwards Viscount of Dundee, to
William eighth Earl of Menteith.]
London, July the 3 [c. 1680].
My Lord, — Whatever wher the motives obliged your Lordship to cheange your
resolutiones to me, yet I shall never forgate the obligations that I have to you
for the good desseins you once had for me, both befor my Lord Montrose cam
in the play and after, in your indewering to mak me nixt in the tayly, espe-
cially in so generous a way as to doe it without so much as latting me knou
it. All the return I am able to mak is to offer you, in that franc and sincere
way that I am known to deal with all the world, all the service that I am
capable of, wer it with the hazard or even loss of my lyfe and fortun. Nor
can I doe less without ingratitud, considering what a generous and disinter-
ested friendship I have found in your Lordship. And your Lordship wdl doe
me, I hop, the justice to aknouledge that I have shouen all the respect to
your Lordship and my Lord Montrose in your second resolutions that can be
imagined. I never enquyred at your Lordship nor him the reason of the
cheange ; nor did I complain of hard usadge. Thogh really, my Lord, I must
bygue your Lordship's pardon, to say that it was extreamly grievous to me to
be turned out of that business, after your Lordship and my Lord Montrose
had ingadged me in it, and had wryten to Yrland in my faveurs, and the thing
that troubled me most was that I feared your Lordship had mor estim for my
Lord Montrose then me, for you could bave no other motive, for I am seur
you have mor sense then to tbink the offers he made you mor advantagious
for the standing of your family then those we wer on, for he would have cer-
tenly mad up his owen, and I would have brought in all myn to yours, and
been perfaitly yours. Sir James and I togither would have boght in all the
lands ever belonged to your predecessors, of which you would have been as
184
FAMILY AND DOMESTIC LETTERS.
[1680.
much maister as of those you ar nou in possession ; and I am sorry to see so
much trust in your Lordship to my Lord Montrose so ill rewarded. If you
had contineued your resolutions to me, your Lordship would not [have] heen
thus in denger to have your estate rent from your family ; my Lord Montrose
would not have loosed his reputation, as I am sorry to see he has don ; Sir
James would not have had so sensible an afront put upon them, if they had not
refused me, and I would have been by your Lordship's faveur this day as hapy
as I could wish. But, my Lord, we must all submit to the pleaseur of God
Almighty without murmuring, knouing that evry body will have there lote.
My Lord, fearing I may be misrepresented to your Lordship, I think it my
deuty to acquaint your Lordship with my cariadge since I cam hither in rela-
tion to those affaires. So soon as I cam, I told Sir James hou much he was
obliged to you, and hou sincer your desseins wer for the standing of your
family ; withall I told him that my Lord Montrose was certenly ingadged to
you to mary his dochter, but that from good hands I had raison to suspect he
had no dessein to perform it ; and indeed my Lord Montrose seemed to mak
no adress there at all in the begining, but hearing that I went somtymes
there, he feared that I might gate ane interest with the father, for the dochter
never apeared, so observent they wer to my Lord Montrose, and he thoght
that if I should com to mak any friendship there, that when he cam to be
discovered I might com to be acceptable, and that your Lordship might turn
the cheass upon him. Wherfor he went there, and entred in terms to amuse
them till I should be gon, for then I was thinking evry day of going away,
and had been gon, had I not fallen seek. He contineued thus, making them
formall wisits, and talking of the terms, till the tyme that your signature
should pass, but when it cam to the King's hand it was stoped, upon the
acount of the title, conform to the preperative of my Lord Caitness. My Lord
Montrose, who, during all this tyme had never told me any thing of these
1680.] JOHN GBAHAME OF CLAVERHOUSE. 185
affaires, nor almost had never spok to me, by Drumeller and others, leat me knou
that our differences proceeded from mistakes, and that if we mate we might
com to understand on another, upon which I went to him. After I had satisfyed
him of som things he complained of, he told me that the title was stoped, and
asked me if I had no hand in it ; for he thoght it could be no other way, seing
Sir James concured. I asseured him I had not medled in it, as befor God I
had not. So he told me he wo^^ld setle the title on me, if I would assist him
in the passing of it. I told him that I had never any mynd for the title out
of the blood. He answered me, I might have Sir James' dochter and alL So
I asked him hou that could be. He told me he had no dessein there, and that
to secur me the mor, he had given comission to speak to my Lady Eothes
about her dochter, and she had recaived it kyndly. I asked hou he
would com of, — he said upon ther not performing the terms, and offered to
serve me in it, which I refused, and would not concur. He thoght to mak
me serve him in his desseins, and brak me with Sir James and his Laidy ;
for he waint and insinuated to them as if I had a dessein upon their
dochter, and was carying it on under hand. So soon as I heared this, I
went and told my Lady Graham all. My Lord Montrose came there nixt
day and denyed it. Houever, they went to Windsor and secured the signature,
but it was alrady don. They have not used me as I deserved at ther hands,
but my dessein is not to complain of them, and they had raison to trust in-
tierly on whom your Lordship had so strongly recomended. After all cam to
all that Sir James offered to perform all the conditions my Lord Montrose
requyred, he knew not what to say, and so, being asheamed of his cariadge,
went away without taking lieve of them, which was to finish his triks with
contemp. This is, my Lord, in as feu words as I can, the most substantiall
pairt of that story. My Lord Montrose and som of his friends indevored to
ruin that yong laidy's reputation to gate an excuse for his cariadge, and
2 A
186 FAMILY AND DOMESTIC LETTERS. [1680.
broght in my name. But I mad them quikly quyt those desseins, for there
was no shadew of ground for it. And I must say that she has suffered a great
deall for to complay with your Lordship's desseins, but could not doe less con-
sidering the good things you had desseined for hei', and treuly, my Lord, if
you ken her, you would think she deserved all, and would think strange my
Lord Montrose should have neglected her. My Lord, I know you want not
the best advise of the nation, yet I think it not amiss to tell you that it is
the opinion of evry body that you may recouer your estate, and that you
oght to com and make your case knouen to the King and Deuk. Your
family is as considerable as Caitnes or Maklen, in whose standing they
concern themselves highly. My Lord, you would by this means recover your
affaires ; you would see your cusing ; and you and Sir James would understand
on another, and tak right mesures for the standing of your family. If you
lat your title stand in the airs male, your family must of necessity perish,
seing in all apearance you will outlieve Sir James, and then it would com to
the nixt brother, who has nether airs nor estate, so that your only way will
be to transfer the title to that young laidy, and gate the father and mother to
give you the disposing of her. The Deuk asseurs me that if my Lord
Montrose would have maryed her, the title should have passed, as being in
the blood, and that it may be don for any body who shall mary her with your
consent. My Lord, if I thoght your Lordship wer to com up, I would wait to
doe you service ; for your oncle is old and infirm. My Lord, I hop you will
pardon this long letter, seing it is concerning a business touches you so neer,
and that of a long tym I have not had the hapiness to intertain your Lord-
ship. Tyme will shoe your Lordship who deserves best your friendship.
My Lord, things fly very high here ; the indytments apear frequently against
the honest Deuk, and I am feared things must brake out. I am sorry for it ;
but I knou you, impatient of the desyr of doing great things, will rejoyse at
1680.] JOHN GRAHAME OF CLAVERHOUSE. 187
this. Asseur yourself, if ever ther be baricades in Glascou again, you shall
not want a call ; and, my Lord, I bespeak ane imployment under you, which
is to be your lievtenent generall, and I will asseur you we will mak the world
talk of us. And therfor provyd me treues, as you promised, and a good bleu
bonet, and I will asseur you there shall be no treuse trustier then myn. My
Lord, dispond not for this disapointment, but shou resolution in all you doe.
When my affaires goe wrong, I remember that saying of Loucan, Tam mala
Pompeii quam prospera mundus adoret. On has ocasion to shou there
vigeur after a wrong stape to make a nimble recovery. You have don
nothing amiss, but trusted too much to honor, and thoght all the world hald it
as sacred as you doe. My dear Lord, I hop you will doe me the honor to late
me hear from you, for if there be nothing for your service here I will be in
Scotland imediatly, for nou I am pretty well recovered. I knou my Lord
Montrose will indevor to misrepresent me to your Lordship, but I hop he has
forfited his credit with you, and anything he says to you nou is certenly to
abuse you. My Lord, I have both at horn and abroad sustained the caracter
of an honest and franc man, and defys the world to reproach me of anything.
So, my Lord, as I have never fealed in my respect to your Lordship, I hop
you will contineu that friendship for me which I have so much ambitioned.
When I have the honor to see you, I will say mor of my inclination to
serve you. I will bygue the favour of a lyn with the first post. I am,
my Lord,
Your Lordship's most faithfull and humble servant,
J. Grahame.
Excuse this scribling, for I am in heast, going to Windsor, thogh I wryt tuo
sheets.
188 FAMILY AND DOMESTIC LETTERS. [1680.
178. John Geahame of Claverhouse, afterwards Viscount of Dundee, to
William eighth Earl of Menteith.
London, July the 8 [1680.]
My Lord, — I knou not if myn came to your Lordship's hands, wherin I gave
you a full account of all that has passed here concerning your Lordship's
affairs, and I hop you will give faith too it. All I dessein is to inform your
Lordship, so that you may not be abused by those who desseins ill betuixt
you and your oncle, apurpose to ruin your family. I will bear them that
testimony, that they have gone so great a lenth to cornplay with your Lord-
ship's desseins, that they have don things far belou there quality for to oblidge
my Lord Montrose, and the yong lady cannot be but sensible of the affront
that is don her by this neglect, after your Lordship had procured her consent,
and her father and mother made so great advances. But they regrait nothing,
as they say, seing they have had ocasion to testify there respects to your
Lordship, and to shoe the world hou great a desyr they had to preserve your
ancient family. Speaking with the Deuk the other day concerning the
Maclen's business, which is nou setled, I took ocasion to tell the Deuk that
your Lordship's case was very hard, and mad him understand a litle the
business, as far as could be don without wronging my Lord Montrose' reputa-
tion too much, which I should be unwilling to doe, whatever he doe by me.
The Deuk sheuk his head, and said it was not ryght. I said nothing, seing
I had no comission, and that it was only by way of discours. My Lord, I
owe you all the good offices ar in my pouer, and if you will imploy your
friends, I doute not to see you again maister of your owen affaires, which
is the thing [in] the world I wish most. I am going, for oght I knou, to
Dunkerk with the envoyes to see the Court of France. I am only to be
1680.] JOHN GRAHAME OF CLAVEEHOUSE. 189
away aight days, so your Lordship may lay your comands on me. I am,
my Lord,
Your Lordship's most humble servant,
J. Gkahame.
For the Earle of Mentieth, at Edinbourg.
179. The Same to the Same.
London, August the 24 [1680.]
My Lord, — I wes very glaid at the recait of yours to hear that you wer in
good health, and am very sensible of the kynd expressiones of your Lordship's
friendship, which I shall by all meens indevor to deserve. I was snrprysed
at the reeding of your Lordship's letter to hear that my affaires went ill in
Scotland, and had been mor alarumed had I not by the same post had a lyn
from on who has the direction of all my affaires, who asseured me they wer
never in better order, both the affaires of my estate and troup, only ther was
a stop in the passing my signatur of the forfitur, and I stayed here a purpos
for to secur it, which nou, I think, I have don, tho' I never had raison to fear
it, notwithstanding all oposition I had, and the King and Deuk, my friends.
My Lord, I hop your Lordship did not mistak the dessein of my letter to you,
which was only to inform you of my cariadge, least I might be misrepresented
to you, and to offer you my service in the recoverie of your affaires, being
informed that you was resolved to put yourself in your owen place. This I
owed to your friendship, and to the good wishes I have for the standing of
your ancient family. But, as I have always been, I shall be still far from
pressing you anything in faveurs of myself. I think you will not tak in ill
pairt that I wish you not to suffer so noble a family to fall, in the standing of
which I know you have so much concearn, as that I believe you mak it your
190 FAMILY AND DOMESTIC LETTERS. [1680.
only care, your honor and memory being inseparably attached to it, but the way
to doe it I leave to yourself, as the only propre judge ; whatever way you doe
it, I shall asseur you of my weak indevors. Your oncle and laedy think strange
you never wryt for them. They say they have never don any thing to dis-
oblidge you, and really, my Lord, they have got a great slight put upon them
by complaying with your deseirs, nether is it fit to loose them, for I have heard
my Lady say that if her dochter dayed, she had resolved to leave to recover
your family the best pairt of her estate. I am, with all the sincerity imagin-
able, my Lord,
Your Lordship's most humble servant,
J. Grahame.
My Lord, your cousin has been seek these ten days of the small poks, but
in all apearance will recover, tho' she has tham mighty ill. I will have the
honor to see your Lordship shortly.
180. John Duke of Eothes, Chancellor of Scotland, to William eighth
Earl of Menteith.
Edinburgh, 2d September 1680.
My Lord, — Wee receaved your letters of the eleventh and twelth of August
last, with the information inclosed therin, and by them wee find that your
Lordship hes taken great care and beene at extraordinarie paines in searching
for conventicles, and apprehending rebells and vther disorderlie persones who
frequented the same, wherin yow having given a signall instance of your zeale
in his Majestie's service, wee have represented the same to his Majestie, and
wee doe returne yow our heartie thanks. As for Arthur Dougall, before your
letter came to our hands, hee was, by order of a Committee of Councill, sett
at libertie, vpon caution to appeare before the Councill the first Councill day
1681.] WILLIAM EIGHTH EARL OF MENTEITH. 191
of November next. And now, vpon the receipt of your letter, wee have ordored
his cautioner to bee charged vpon his band to present him, and it is appoynted
that in tyme coming no persones apprehended by yow bee liberate vntill yow
bee accmainted therwith. As for Harie Dow of Polder, wee doe impower yow
to sett him at libertie, vpon caution to appeare before the Councill ; and ordor
is given to the Magistrates of Stirling and vther burghes to receave into their
prisones such persones as shall be presented by yow, or any having your war-
rand. Ane extract of which ordor is here inclosed. And in your prosecution
of his Majestie's service, your Lordship may expect all due encouragement
from ws. Signed be warrand, and in name of the Councill, by
My Lord, your Lordship's humble servant,
Eothes, Cancell, I.P.D.
Since the wryting of this letter, vpon a petitione given in by Harie Dow, re-
presenting that hee is prisoner in the Tolbuith of Stirling, the Councill has
ordored the Magistrates to sett him at libertie, vpon caution, vnder the paine
of 2000 merkes, to compeir before the Councill the first Thursday of Novem-
ber next.
For the Earle of Monteith,— These.
181. William eighth Earl of Menteith to James third Makquis of
Montrose.
Ill, Junij 27, 1681.
My Lord, — One Munday and Twsday last Drumakill aud Arnpryer came to
me heir in the Isle, where there was mead a sad and heaivj complent be
Drumakill that your Lordship head takin a right to all the superioratyes of the
most of ther name from the Lord Napper, which Drumakill said that the
192
FAMILY AND DOMESTIC LETTERS.
[1681.
disposition to him of these rights was fullye drawen betuixt him and the
Lord Napper's factoures befor your Lordship cam in plea, but Arnpryer
ansvred tliat my Lord Napper himself head given a promise to your Lordship
when yow was at London, that if he sould these superioraties to anye person,
he wold give the first offer to you ; the reswlt that Drumakill, Arnpryer, and I
concluded wpon that I should wreat, which is this to your Lordship, that
wheras Drumakill holds a rowme called the Mose, which he holds feu of your
Lordship, this is his desyre, that he might reqwit of that holding of the Mose,
and tak that roume holden of the Kinge, and that your qwiting of his hold of
the one, he wold tak the roume and landes off Baliconachi, holdn of your
Lordship, so by this meins you, my Lord, are still Drumakill's superiour, so
that for maney and waighty reasounes, I doe presume to counsell your Lord-
ship not to disoblidg Drumakill in this his humble requist, which, in my
judgment, is a rasonall desyr for your Lordship's intrest of those pearts, and,
indeid, he professes a great deall of kyndnes and service to yow. You are
pleas'd to wreet that Laney hes employed the Lord Cardross to bring your
Lordship to ane acomoudatione conserning Buchanan's bussiness ; what yow
mean therby I cannot wnderstand, but this I know, that I head rether your
Lordship head neuer put hand nor midled with these landes, if yow heave a
mynd to qwit them so qvicklye, for the Lord Cardross lies sold the landes off
Strogertner to Eobert Stewart, the treterous son of that crwell murderer of my
faither, who was his Lord and master. Cardross hes onley don this that he
might be the mor powerfull to oposse the name of Grahame heiraway, and
refused to sell these landes to so noble a person as the Earle of Perth, who is
a good neighbour and a noble freind to all the name of Grahame. Cardross
hes lykwise most falslye broken his promise to Patreck Grahame, Buchopell
son, after he head given his hand and faith to him that he wold sell him the
landes of Bochopell, and that he wold doe nothing therm till the twelt of
1.681.] WILLIAM EIGHTH EARL OF MENTEITH. 193
Junij, imeadlye after Patreck was gone, he sold Bochopell to one Hygins,
a great fanactick and trustj of Cardross. All these things he hes done
againest the hous of Monteith, and when he is so wnjust to vis, he will newer
be true to the noble and anchent familye of the house of Montrose. But your
Lordship is wyse anwgh to consider all things, and doe in them as it pleases
you ; but I conceaw'd that it could not subsist with our relatione and
freindship, but to acqvant your Lordship with all these things, tho' pos-
sablie you mak me a streanger to your affears, yet yow shall not be so with
myn, for in spyt of fate, I resolw allwayes to continwe,
Your Lordship's ewer affectionat cousune and faithfull servand,
Menteith.
For the Marquiss of Montross.
182. William eighth Eakl of Menteith to James third Marquis of
Montrose.
Ille, 27 of Junij 1681.
My deir Lord, — Your generous actings and noble endeuors for the standing
and good of my family, does windicat to the world your Lordship's honnovr
and repwtatione from these fals and wnjust aspersions that sum wnvorthy
and seditius persones, tho' they be of no mein qualatie, uold mak all men
beliwe that your Lordship's intensions wer to build wp your own feamilie on
the rwins of min, as it is too oftn wreitn to me by their malicious letters, to
put a jealousie betwixt your Lordship's freindship and myn, which they shall
be neuer able to doe, for I still perswad myself mor and mor off your candid
ingnwatie and faire and plean dealing of your Lordship's reall intensons,
that my famalye may nourish in my own persone, and if it ware the Lord's
will that I had sons to succid in my esteat and fortowne, which manye persones
2 B
194 FAMILY AND DOMESTIC LETTERS. [1681.
wold gleadlye mak me beliwe that your Lordship wold heave it otherwyse.
Be this freedoome your Lordship may perseawe that I doe not giue credit nor
beliife neither to thair words nor wreatings ; and as your Lordship lies begune
happalie to effectwat a spidye and right course and method for the reliving
of the pressing dets of my pouer tho' ancient feamalie, for, indeid, I wanted
so noble a freind as your Lordship to procure from the King's Majestie sum-
thing of what was owing to my grandfather and father by the Kinge, till
the great God reased wp your Lordship, the onley pearsone and instrument
to deall with his Eoyall Highnes and otheris great persons in asisting yow
to get from the King's Majestie sum considerable sume of money for the relife
of my fortowne, which I pray God it be quicklie donne, seing your Lordship
hes put hand vnto it, which now I begine to heave good hops for the desyred
and wished for peryod, in paying off these creditors off my esteat that
thought to mak thair owne gean of it, which I trust shall be otherwyse. My
Lord, the continouanc of this gutish howmer in both my hands, feete, and knies
is so styfe that I am not able either to ryd or goe aney way off, as is too Weill
knoune to all that sies me, which is note a fewe sies and knowes that I am
extremlie onable to goe to Edinburgh, which I greatlie feare that I cannot
com to the enshowing Parliment, which, indeed, it griues my mynd excid-
inglie, for all that is in my power whill I heave a being to the outmost
perrall and heasard of my lyfe and fortowne, with a full asurance that I will
stand by and adheir wnto the royall intrest as my predisessoris did befor me,
as I hop the King's most sacrad Majestie nor His Eoyall Highnes will not
question nor dout of my loyaltie ; and if your Lordship thinck it fitting that I
wreet a leter to his Eoyall Highnes that I cannot atend the Parliment by
reasone of my inibilatie of bodie, by the nixt I will wreet on for both, as your
Lordship thincks reqvisit ; but if I be beter in health then now I am agan the
siting of the Parliment, then I will seurlie be thair, which I hwmblie intreat your
1681.] WILLIAM EIGHTH EARL OF MENTEITH. 195
Lordship be pleas'd to inqyyre for sume Earl's robs for me, because our oune
was destroy'd in the Ein[g]lish tyme, and if I be able and anye wyse in health
I will not feall to come, but if otherwyse, the lawfulnes of my excuse will plead
my pardone at His Hyghnes' handes. My Lord, be pleased to present my
werye humble servise to my speciall good Ladey, to whom I heave sent
sume chiries, to kiss hir fair handis, who blushes that they are not worthe
to present themselves to so vertious and excelent a Ladey ; so uith my good
wishes and prayeris for you both and all your conserns, 1 humblie creawe liwe
to subscrive myself, and remans alwys, my deir Lord,
Your Lordship's still affectionat cousine and most obediant servant,
Menteith.
I cannot hold the pen with my ouen hand steadie, elis I had written with it
to your Lordship. Let me know when my Ladie will lay in, that I may send
the best things that our feilds afourd.
For the Marquis of Montrose.
183. William eighth Earl of Menteith to James third Marquis of
Montrose.
IU, Jun the 27, 1681.
My deir Lord, — After cerious consideration with myself, I thinck most fiting
and proper for me that I com to Edinburgh, God willing, agaue the siting of
the Parliment the twenti awght of the nixt month. In ceass that I showld stay
from the Parliment, his Royall Hyghnes might tak exceptiones, and be
offended at me if I ware not at the doune sitting thairoff, and possablie might
doe me much hearme in that bussines your Lordship hes in hand conserning
my affaer with the King. Therfor I am fullie resolued to be at Edinburgh
agane the twenty of Jwllay at fardast, wherfor I humblie intreat your Lord-
196 FAMILY AND DOMESTIC LETTERS. [1681.
ship to prowid and get the lene from sume Earle thair robs, fite mantle, and
wellwat coats, and all things that belongs to Parliment robs. I will heave four
footmen in liwra. Ther is no doubt but ther is sewerall Earles that will not ryd
the Parliment. Therfor be humblye pleased to get the lene of to me of sume
Earle's robes onley for a day to ryde in the Parliment, and they shall be cear-
fulie keipt be me that none of them be spoylt, for all the robs that belonged
to my grandfather was destroyed in the Einglish tyme. The last tyme when I
reid the Parliment, I eearied the Secepter, and I head the lene of the deces'd
Earle of Lowdian's robes, but it may be that this Earle will reid himself. I
hop your Lordship will get the lene of robs to me from sume Earle or other, as
also the lene of a peacable horse, because I am werie wnable in both my foot
and both my handes as yet. I thought good to acqwant your Lordship of this
beforhand in a letter by itself. Hoping to receave tuo lynes of ane answer
of returne thairto from your Lordship, I pray let me know iff his Hyghnes
will be woiceroy at this Parliment, or who it is that will represent the King.
I expect all the news from your Lordship, but on no termes doe not keip
the bearar heirof, who is my gardner ; he must surlie be at horn agan Thurs-
days night, so not willing to give farder trouble, I remaine wncheangablie,
my deir Lord,
Your Lordship's most affectionat cousine and faithfull servant,
Menteith.
Thesse for my Lord Marquis of Montross.
184. William eighth Eakl of Menteith to Colonel Graham, brother to the
Viscount Preston.
At the Yle of Menteith, 4 July 1681.
Much honnoueed Cousing, — I doe think myself verie much obleiged to Sir
Richard Graham, youre brother, who is now Lord Viscount Prestowne, and to
1681.] ISABELLA, WIFE OF SIR JAMES GRAHAM. 197
yourself. All your house being lineallie descended of Alexander Earle of
Menteith, who was ealdest sone to Earle Malice, his father, my predecessors ;
and I and rny familie of Menteith are verie much honnoured to have so many
noble and brave gentlemen descended of our familie, which I pray the Lord
to increass them more and more, that they may be many such as you are. I
have subscriuit what you did send me — the Borbrife, and did fill in with my
oun hand day and place, and the witness' names, subscribing to my subscrip-
tione, quhich be pleast to receive here incloset, with my verie humble service
to my Lord Prestoune, your brother, and yourself. I intend to be in Edin-
burgh the nixt weik myself, at quich tynie I'le wait upon you, noble Sir. I
do always resolve to continue, honoured Sir,
Your most affectionate cusin and humble servant,
Menteith.
For my much honnoured cousing, Corronell Graham, Keeper of the Privouie
Purse to His Koyall Highness at Court, Edinburgh.
185. Isabella, wife of Sir James Graham, to William eighth Eakl
of Menteith.
London, July 15th [16]81.
My Lokd, — Your Lordship was pleased to propound for the better standing of
your antient famely (in the name and blood) a match betwixte Cleauerhouse
and my doughter, and, by your Lordship's aduise to him, he has preste it so
much that I haue complied soe farr with your Lordship's desires as to waue
the propositiones of two matchis, that the worste of them has two thousand
pounds a yeare besides a troope of horse and a faire prospecte of many
thousandes more, till such time as I heare what is your Lordship's pleasuer
conserning the setlement of the honour of your ancesters, and the recouering
198 FAMILY AND DOMESTIC LETTERS. [1681.
of such landes as formerly belonged to them, for except your Lordship be
very willing to assist as farr as you cann with conueniencie in those two
pertecuelers you cannot blame me to decline all thoughtes of matching her in
Scotland, wheare she would be a daly spectator of the rueines of that noble
famely she came from ; my designes in matchin her there being onely to helpe
to regane the ould estate to the honouer, and both to be setled, failling your
Lordship and your heares male, on her after her father and her ishue in the
blood and name. I desire your Lordship's answer to these pertecuelores, and
that it may be poesatiue, soe that I may knowe howe to dispose of my dough-
ter, and setle myselfe. If I heare noe answer from your Lordship, I may
concluid that you doe not rellish these propositiones. Howeuer, I shall
allwayes remane, my Lord, your Lordship's most faithfull and most humble
seruante, , „,
Isa. Gkahame.
Sir James, my sister, and daughter has ther humble seruis to your Lordship.
These — For the Eight Honorable the Earle of Munteith, Edinbrough.
186. John Geahame of Claverhouse, afterwards Viscount of Dundee, to
[William eighth Earl of Menteith.]
London, October the 1, [1681.]
My dear Lord, — In enswer to what your Lordship was pleased to wryt me,
concerning the information a certain person gave you, that I should have
given ill caracters and said things of your Lordship to my Lord Duk of
Lauderdelle that I am ashamed to repeat, I shall vindicat myself in feu
words. My Lord, I swear befor God Almighty, and renonces all right to His
blissings, if ever directly or indirectly I ever gave good or bad caracters of
your Lordship to my Lord Lauderdell, or ever cam upon your person or
affaires with him. And to shou you hou clear I am of it, I give upon my salva-
1681.] JOHN GBAHAME OF CLAVERHOUSE. 199
tion, which I believe you doe me the justice to think I would not doe for the
world if I wer not absolutly inocent. You shall have both on soull and body,
for I am ready to spend my blood in revenge of so base and couerdly an
injury as that was to forge upon dessein of interest so untreu and improbable
storys ; and heir I declair that certain person ane infamous layer, and humbly
bigues your Lordship to shou him this letter, wherin I tell him, if he dars
owen it, he will late me knou his name. But no man that is capable of the
baseness to invent such lays can have the couradge to sustain them. My
Lord, this story is dessein'd to wrong your reputation. They mak me say the
storys which they would gladly make you believe the world thinks. But
believe no such thing, for your reputation is as intyr here as ever, and the
world is perswaded of your ability in affairs, and knous you not to be chan[ge]-
able, that you ar fixt to the interest and standing of your family as you ar to
honor and honesty. I should have had raison to think you as they say, if such
storys as those could have made any impressiones upon you. I hop you doe
not pairt so easily with your friends, nor alters upon so slight grounds your
measures, and I rejoyce to see how generously you have used me in it. You
will be pleased that you have don so when you see my inocency deserves it.
My Lord, the world does you justice here. Every body says you did
nothing but upon very just and honorable grounds, and that if people has
delt unhandsomly with you they ar seur you ar sensible of it, and will in
your owen tyme and way resent it, and your friends oght to confyd and refer
all to your owen conduct, since by experience they see that from nothing you
have recovered your esteat by your industry and activity, which shall bender
me from having the least thoght that you can tak wrong meseurs. When I
have the honor to see you at Mentieth, I hop to intertain you of other things
than that certain person did. I will reather study to gain you friends then
rob you of the frankest you have, for without vanity I pretend to that title,
200
FAMILY AND DOMESTIC LETTERS.
[1681.
and doutes not to deserve it. I rejoice to hear by the letter you wryt to my
Laidy Grahame you have nou taken my trade of my hand, that you ar beconi
the terror of the godly. I begin to think it tyme for me set a work again, for
I am emoulous of your reputation, not by what I have heard by any relationes
cam from the Counsell, but what I had from people came from Scotland, who
gave me particular acount of all, which maks me think that there is no such
care taken to inform the King, or to perswad him to recompense your
services as certain person maks you believe. But, my Lord, comfort yourself
with the satisfaction you have to doe well, and that if you be not rewarded it
is nether your fait nor the King's, since you doe good things, and he is ready
to reward them wer he accpaainted with them. My dear Lord, Labe has
made me in love with the Yles of Mentieth. He says the greatest things in
the world of it. There is nothing in the world I long so much for as to see
you there. It shall be the first place I goe to when I com to Scotland. Labe
tells me of all your kyndness to him, for which I return your Lordship a
thousand thanks. I had forgot to justify myself as to all other persons of
quality here, and I swear frely upon my salvation I never spok to any of you
but as I oght to doe, with all the respect and estim imaginable. I always laid
the sadle on the right horse, and if you dout, which I think you will not, after
what I have said, I will gate your uncle Sir James to justify me, who will
bear me witness how often he has heared me doe you justice, confirming him
in the good opinion he has of you, both as to your capacity in affaires and
sincer desseins for the good of* your family. Far from being reproached for
speaking ill of you, I expected thanks for the good things I said of you and
your family. Tyme will mak you knou whou ar treu friends and who ar not.
You shall be seur to fynd me, as I say I am, my dearest Lord,
Your Lordship's most obedient and most humble servant,
J. GliAHAME.
1681.] JOHN GRAHAME OF CLAVERHOUSE. 201
187. John Grahame of Claverhouse, afterwards Viscount of Dundee, to
William eighth Earl of Menteith.
London, October the 1 [1681].
My dear Lord, — I thoght fit to wryt this apairt, and not to put it in the
other letter, dessein[ing] your Lordship should sho it to eviy body for my vin-
dication. My Lord, I am infinitly sensible of your Lordship's kyndness to me
in wryting so kyndly to my Lady Graham and her dochter, especially when
people had been representing me so foolly to you. I have not dared to present
them, because that in my Laidy's letter you wished us much joy, and that we
might live happy togither, which looked as if you thoght it a thing as good
as don. I am seur my Laidy, of the heumeur I knou her to be, would have
gon mad that you should think a business that concerned her so neerly con-
cluded before it was ever proposed to her ; and in the dochter's you was pleased
to tell her of my affections to her, and what I have suffered for her ; this is
very galant and oblidging, but I am afeared they would have misconstructed
it, and it might doe me prejudice ; and then in both, my Lord, you wer
pleased to take pains to shoe them almost clearly they had nothing to expect
of you, and teuk from them all hopes which they had, by desyring them to
requyr no mor but your consent. Indeed I think it not propre your Lordship
should ingadge yourself at all. They would be glade to knou that 3 r ou only
had a resolution to recover your business, they would leave the reast to your
owen goodness ; and for my[self] I declair 1 shall never press your Lord-
ship in any thing but what you have a mynd to, and I will asseur you I need
nothing to perswad me to take that yong laidy. I would take her in her
smoak. My dear Lord, be yet so good as to wryt neu letters to the same
purpose, holding out those things which [if] it wer to anybody els might be very
2 c
202 FAMILY AND DOMESTIC LETTERS. [1681.
well said, and, if you please, when you say you give them your advyse to the
match, tell them that they will not repent it, and that doing it at your desyr
you will doe us any kyndness you can, and look on us as persons under your
protection, and indevor to see us thrive, which oblidges you to nothing, and
yet incouradges them. Sir James and his Laidy say when they goe to
Conelton, their neu purchase, that they will com to Scotland, or if they he
not able to goe so far, they wil meet you about Carlil, or any other place you
would doe them the honor to com toe, raither then goe bak to Yrland without
having had the hapiness to see you, since you have the goodness to say you
would have seen them or nou had they stayed in Yrland. I really believe if
you would invyt them they would com and see you a purpose. I will be in
impatiance till I have those letters. I bygue your Lordship not to grudge at
the truble I give you to wryt tuyse. I hope you shall not have occasion to
regrait any thing you doe for me, and in doing this you doe me the greatest
favour I can recaive of any mortall, so I hop, my Lord, you will think it worth
the whyll to oblidge a friend of yours at so high a rait, for tho' you never doe
mor for me, I will be eternelly yours, and by geating me that yong laidy you
mak me happy, and without you I can never doe it, so I am in your reverence,
and yet looks not on my fate as mor desperat for that. For the love of God
wryt kyndly of me to them, and promise them kyndness, but I never shall
suffer them to think of any engadgements from you. Long may you lieve to
enjoy your, esteat, whill I have the occasion to accpiyt myself of so many and
so considerable obligations I owe you. — I am, my dearest Lord,
Your Lordship's most faithfull, most oblidged, and most humble servant,
J. Gkahame.
My Lord, Sir James, his Laidy, Madam Coxdeail, and your fair cusing kisses
most kyndly your hands, and desyrs me to present to you there humble service.
1681.] JOHN GRAHAME OF CLAVERHOUSE. 203
188. John Gkahame of Claverhouse, afterwards Viscount of Dundee, to
William eighth Earl of Menteith.
Ediubourg, December the 11, 1681.
My dear Lord, — I was longing extreamly to hear from you, impatient for to
know the good newes of your perfait recovery, and am exceedingly overjoyed
with it now. I have been looking for an occasion to wryt to you these five
or six days bypast to give you acount how my Lord Montrose is using you.
He has boght an infeftment from Mr. Riven upon the barony of Drumond,
and has given for it a thousand pounds sterling ; but I am informed that it is
not good for much, because my Lord Readfoord has the right in his person ;
this you oght to know better then I. My Lord, you see by this and many
other things, hou prejudiciall it is for you not to com to som settlement in
your affairs, ether on way or other, and in the mean tyme my aidge slips
away, and I loose other occasions, as I supose the young laidy also does. And
now I am very glaid to see your Lordship pressing it. For my pairt, I shall
be wanting in nothing that can contribut to your Lordship's satisfaction or
the standing of your noble famdy. Your Lordship's letter I shall send
fordward, and perswad them by all the motives I can to undertake this jorny
your Lordship proposes. But I fear they ar alraidy gon out of Ingland, and
will be unwilling to cross the seas so soon again. However, if they be in
Yrland, I shall propose that they com to my house in Galoua, and there they
shall need no protection, for I am in good hopes not only to comand the forces
there, but be Scherif of Galoua. My Laidy Graham is a very cuning weoman,
and certenly will wryt bak that she will be unwilling to com so far upon
uncertentys ; yet she did propose, a mater of four moneths agoe, to meet your
Lordship in sum pairt of Ingland. I shall send ane express for Yrland so
soon as I goe in to Galoua, which will be within ten days or a fourtnight.
204 FAMILY AND DOMESTIC LETTERS. [1682.
If your Lordship would wryt to this purpose directly to my Laidy, they would
take it much more kyndly, and be far the readier to comply with your deseirs.
The raison why I know so litle of them is that I was ashamed to wryt, not
knowing what to say, seing your Lordship was not resolved after all I had
promised to them on your behalf. I am perswaded that we may bring it yet
to a hapie close, if your Lordship doe your pairt, of which I shall not doubt.
I am, my dearest Lord,
Your Lordship's most humble and most obliged servant,
J. Gkahame.
My Lord, — It is no mater whither the Yle be prepaired or not, I am seur
they [would] raither be in it as it is, and welcom to your Lordship then in
any palace in Christandoom, and I hop we will be all [very] merry about
the hall fyr. My humble service to Mr. Archibald and James and his laidy,
and most particularly to the verteus gentlwemen, yo . . .
For the Earle of Mentiethe.
189. John Grahame of Claverhouse, afterwards Viscount of Dundee, to
William eighth Earl of Menteith.
Neuton of Galouay, February the 17, 1682.
My dear Lord,— Tho' I have nothing to say that is worthy your noticing, yet
I would [not] neglect any oportunity of asseuring you of my respects. Befor
it be long, I will may be have som thing to say that you will not be displeased
with. So fair you well. I am in great heast ; their is a water rysing betwixt
me and the other half of my pairty, so I must decamp. I am, my Lord,
Your most faithfull servant,
J. Grahame.
For the Earle of Mentieth, to be left at Mr. Coline Makenzy, brother to my
Lord Advocat.
1684.] JOHN GRAHAME OF CLAVEEIIOUSE. 205
190. The Same to the Same.
Neutoun of Galouay, March the 1, 1682.
My dear Lord, — If you be gon from Edinbourg befor this com to your hands,
I knou not what to say ; but if you be stil their, I must tell you it is most
necessary wee meet. If you could com to the Bille, which is aighteen mylle
from Edinbourg, I should be seur to meet you there. My brother will see you,
and lait him know your measeurs, that he may advertise me. I have had on
in Yrland whom I shall bring alongs [with] me, and you shall knou all. Send
no body to Yrland, but take no newe measeurs till I see you, for I have thought
s[uch wi]U [be be]st for . . . family to doe in the circumstances you ar in. So fair
you well, my dearest Lord. Your humble servant, J. Grahame.
191. [John Master of Stair] to William, eighth Earl of Menteith.
Edenburgh, Aprill 25, 1684.
My Lord, — The Marquis of Montross is no mor the object of your resentment
bot rather the subject of your greif. Yow hav had three freinds who medled
with yow too too close, bot I think yow shall see all ther graves. This must
alter your measurs : to go to Court at present, wher my Lord Marquis will be
freshly regretted by every body, can do yow no good ; nor is that affair ripe at
present. For the other processes, this will calm them, that I do not doubt yow
will get fair play ; it's weill the declarations ar still in your oun hands. I
think ye had as good com horn privatly, and in Menteith yow will find no
disturbanc. I shall never believ yow hav beiu so ill advysed as to [have]
entred into another mariage till this was dissolved, if it be possible. I must say
it's hard to determin whither yow hav bein more industrious to preserv or
destroy j'ourself ; only I am convinct they do not thriv that medle with yow.
My clear Lord, adieu.
Seal — On a saltire, nine mascles.
206 FAMILY AND DOMESTIC LETTERS. [1687.
192. William eighth Earl of Menteith to Mr. John Smart, writer,
Edinburgh.
Sterling, 17 March, 1687.
Sir, — I have wreatten to my wyfe with this bearer, beseeching her for her
oune honor and both our advantadges to come home as speedilie as possiblie
shee can, and, for farder incouradgeing her theirto, have sent heir inclosed to
yow the tua doubles of the contract and bond for six hundered merkes for her
apparrell and other necessars yearlie, all subscryved by me and witnesses
here, to be subscryved by her at Edinburgh, yourself and any other yow
think fitt being witnesses theirto. Lett her dowble of the contract be
delivered to her by yow, and receave my double from her ; hereby impouring
yow for that effect, and declaring the same to be as valid as if I had done the
same myself, and if shee be satisfied therwith. and content to come home, you
may keipe up the bond, and not deliver it to her ; bot if she will not come home
unles shee get the bond alsoe, let her have the same ; bot sie that neither
contract nor bond be given her unles she condescend to come home, which I
desyre may be in coatch, and that yow advance ane hundered merkes for
defrayeing the expence of her journey ; taike her recept thairof, and I shall
ordor the Tanners shortlie to repay yow. I dowbt not bot yow will sie her
to coatch, and then, and not till then, deliver both papers and money, quhich
I judge the suirest way. I exspect your cairfulnes and paines in this affair,
and that yow keipe my double of the contract, if subscryved by my wyfe, till
I send ane suirer hand for it, and if shee condescend not to come home, and
the papers be not subscryved and delivered, let this and the inclosed papers
be returned to me with this same bearer. I rest,
Your assured and faithfull frind to serve yow,
M[enteith.]
For John Smart, wreater in Edinburgh.
nS
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4-ir.
207
MENTEITH CHARTERS.
1. Charter by King William the Lion to William Noble, of lands in
Kenpunt and Ileuestune. — 28th May [circa 1200].
Willelmus Dei gracia rex Scottorum, omnibus probis hominibus tocius terre
sue, clericis et laicis, salutem : Sciant presentes et futuri me concessisse,
et hac carta mea confirmasse Willelino Nobili illas duas carrucatas terre et
duas bouatas in Kenpunt quas Henricus de Bohon comes Hereforde ei dedit ;
et preterea, totam terram illam in Ileuestune quam Geroudus tenuit, quam
predictus Henricus de Bohon comes Hereforde dedit predicto Willelmo Nobili :
Tenendas sibi et heredibus suis de predicto Henrico et heredibus suis ita
libere et quiete, plenarie et honorifice, sicut carta predicti Henrici testatur :
Saluo seruicio meo : Testibus, Oliuero capellano meo, Willelmo de Boscho
clerico meo, Thoma de Coleuille, Alexandro vicecomite de Clacmannan, Bicardo
filio Hugonis, Herberto de Camera : Apud Clacmannan, xxviii die Mail
2. Charter by Balph Noble, knight, son of William Noble, to Sir David
of Graham and his spouse, Agnes, of lands in Kenpunt. — [Circa
1245.] 1
Omnibus Christi fidelibus hoc scriptum visuris uel audituris, Badulphus
Nobihs miles, fihus Willelmi Nobilis, salutem : Nouerit vniuersitas vestra me
dedisse et concessisse, et hac presenti carta mea confirmasse domino [Dauid de
Graham et Agneti sponse sue], pro homagio et seruicio suo, quamdam terram
1 The original Charter has been very much injured, and portions of it are quite illegible.
208 MENTEITH CHARTERS. [1245.
in territorio cle Kentpunt, scilicet, totam medietatem dominici mei de Kentpunt,
sine aliquo retinemento, scilicet, illam terram quam Patricius senescallus . .
. . . . et de Kentpunt et Adam Brun de Kentpunt, et Hugo
propositus de Eliston, et Willelmus Beste et Johannes frater eius, de Kentpunt,
et Henricus prepositus de Hilifiston me [heredes meos et omnes alios] ex parte
mea, cum omnibus libertatibus suis et aisiamentis : Tenendam et habendam
dicto Dauid et Agneti si dictus Dauid in fata
decedat, dicta Angnes illam terram toto tempore uite sue pacifice possidebit,
et in pacifica possessione sine aliqua contradictione, quamdiu uixerit, re-
manebit, et post eorum assignati eis iure hereditario in dicta
terra succedent: Quare uolo et concedo, pro me et heredibus meis, quod dictus
Dauid et Angnes uxor sua, et eornm heredes uel assignati, habeant et possi-
deant predictam medietatem dominici de Kentpunt, ut prescriptum est, cum
suis pertinentiis, libertatibus et aisiamentis, et cum omnibus aliis aisiamentis
et communibus, tarn in defensis aisiamentis quam aisiamentis
integre [et honorifice], in terris cultis et non cultis, in pratis et
pascuis, in stangnis et molendinis, in boscis et aquis, in viuariis et petariis, et
in omnibus aliis aisiamentis ad villam de Kentpunt Preterea,
uolo et concedo, et hac presenti carta mea confirmo, pro me et heredibus meis,
quod heredes dicti Dauid uel assignati omnino quieti sint in perpetuum de
omni warda et releuio ; et ad legitimam etatem non peruenerint,
duo de propinquioribus amicis et de fidelioribus dictorum heredum uel assig-
natorum dictam terram cum fructibus suis et exitibus fiant . .
.... ice possunt sine aliqua contradictione mea uel heredum
meorum, ad custodiendum ad opus dictorum heredum uel assignatorum . . .
. . . facientes annos quod omnia bona, exitus et
fructus dicte terre salue custodientur ad opus ad ea
contradictione : Saluis custodibus sumptibus racionabilibus, quibus inde fece-
^
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1255.]
LANDS OF KINPONT AND ILLIESTON.
209
runt ad commodum et honorem [dictorum] meis in perpetuum,
dicto Dauid et heredibus suis uel suis assignatis pro araturis et omnibus . .
.... que ma mea re
in Flat tres acras, et in Wecherig et in Schortrig tres acras, et in
Brockf tres acras, et in Hardrig vnam [acram] . .
.... heredes sui uel sui assignati te[nebunt] et habebunt iure hereditario
inperpetuum, de me et heredibus meis, per seruicium predictum, et cum omni-
bus l[ibertatibus] Dauid et heredes sui uel sui assignati homa-
gium facient mihi et heredibus meis pro dicta terra et seruicium quantum
pertinet ad sextain decimam [partem vnius militis] aliis que de
dicta terra [requiri] poterint, et seruicium predictum facient [in dicta terra
prout] Ego uero Eadulphus predictam medietatem
dominici de Kentpunt dictis sex decima ....
. . is in omnibus Dauid et Angneti et heredibus
[warantizabimus], acquietabimus, et defendemus in perpetuum :
In cuius rei testimonium presenti scripto sigillum meum apposui ; his testi-
bus, de Burdon, domino de Duglas,
domino [Andrea] de Duglas fratre eius, domino Alexandra de Dalmahoie,
Thoma de Kynros, tunc clerico domini Begis, Thoma de Brade, Henrico fratre
eius, Badulpho de Clere, [Bicardo] de Nodrif, [Willelmo] de Selmis, . . .
Ada filio [domini de] Bomferiston, Bicardo Clerico, et aliis.
3. Charter by Thomas Noble, son of Sir Balph Noble, to Sir David of
Graham and spouse, of tenure of lands in Ileuiston, from Humphrey
Earl of Hereford. — [30th January 1255.]
Omnibus Christi fidelibus hoc scriptum visuris uel audituris, Thomas Nobilis,
filius domini Badulphi Nobilis, salutem : Noueritis me, spontanea uoluntate
2 D
210
MENTEITH CHARTERS.
[1255.
mea, et de bona uolimtate doniini Eadulphi patris inei, et Eadulphi fratris mei,
et aliorum amicorum meorum, concessisse, et hac presenti carta naea eonfirmasse
domino Dauid de Graham et Agneti sponse sue, et eorum heredibus uel
assignatis, quod possint, si uoluer[int, terras cum pertineutiis qu]as de me et
heredibus meis tenent iare hereditario in Iliveston tenere, si ad opus eorum
viderint expedire, de domino [Humfrido de] Bovn comite de Herford et here-
dibus suis, sine aliqua contradictione mea uel heredum meorum : Et ego pro
me et [heredibus meis] fideliter concessi, et hac carta mea confirmaui, quod, si
illi hoc uiderint eis expedire, diligentem curam precibus nostris et rogationibus
adhibebimus, quod dictus dominus Humfridus de Bohyn comes de Herford et
heredes sui consentiant quod dicti Dauid et Agnes sponsa sua et eorum heredes
uel assignati dictas terras habeant et pacifice possideant et teneant de dicto
comite et heredibus suis, si uoluerint : Et ad hoc fideliter et sine fraude preci-
bus et labore procurandum sumptibus dicti Dauid, pro me et heredibus meis,
tactis sacrosanctis, iuraui; et hoc idem dominus Eadulphus Nobilis pater meus,
et Eadulphus Nobilis frater meus, facere et procurare, [sicut] prescriptum est,
tactis sacrosanctis, iurauerunt ; qui sigilla sua, vna cum sigillo meo, ad testifi-
candum quod fide[liter et sine fraujde diligentem curam adhibebunt ad
omnia prescripta procuranda et perficienda, presenti [carte mee apposuerunt :
Testibus], domino Eogero, abbate de Neubotil, [domino Alexandro Ouieth,]
domino Johanne de Vallibus, [domino Willelmo de] Duglas, [Alexandro] de
Dalmahoie, Eadulpho de Clere, Eicardo de Nodrif, Willelmo de Selmis, et aliis.
4. Eesignation by Ealph Noble, son of Sik Ealph Noble, in favour of
Thomas Noble, his brother, of lands in Yliuistoun. — [30th January
1255.]
Omnibus Christi fidelibus hoc scriptum visuris uel audituris, Eadulfus Nobilis,
filius domini Eadulfi Nobilis, salutem : Noueritis [me,] anno [Salutis] mil-
<£ «£ # *; L^
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1255.]
LANDS OF ILLIESTON.
211
lesimo [ducentesimo quinqua]gesimo quinto, die Sabbati proxima post con-
uersionem Sancti Pauli, per consUium et assensum domini Eadulfi, patris mei,
dedisse, et per fnstum et baculum quietum clamasse Thome, fratri meo, omnes
terras quas babui in villa de Yliuestoun de dono domini Eadulfi, patris mei,
vna [cum omni] meo [clameo quod] habui uel habere potui in dictis terris
cum pertinentiis ; ita scilicet, quod nee ego nee heredes mei, nee aliquis alius
ex [parte nostra, ius vel clameum] uel saisinam, nee abquod aliud in dictis terris
cum pertinentiis possimus de cetero uendicare uel postulare . . . tangentes
me uel comodum meum uel heredes meos uel comodum eorum quoad dictam
teram de Yliuestoun . . . de cetero volo et concedo, pro me et heredibus
meis, et omnibus aliis aliquod ius uel clameum in dictis terris ex parte
nostra postulantibus, quod nullum robur firmitatis optineant, [sed] inper-
petuum teneantur irrite et inanes : Et volo . . . et concedo, pro me et
heredibus meis, quantum in nobis est, quod donacio ilia quam Thomas frater
meus dicto die per cartam suam fecit [domino Dauid de Graham et] Agneti
sponse sue, et eorum heredibus uel assignatis, . . . Ita quod nee ego nee
heredes mei, nee aliquis [ex parte nostra,] . . . contradicere in aliquo ualeant.
. . . omnia prescripta fideliter obseruanda, pro me et heredibus meis, et
omnibus [aliis] . . . dictis terris ex parte nostra uelint uendicare, tactis
sacrosanctis, iuraui : Et ad maiorem securitatem dicti Thome fratris [mei, et
dictorum] domini Dauid et Agnetis sponse sue, et heredum suorum uel
assignatorum, presenti scripto sigillum meum, vna cum sigillis domini
Eadulphi [patris mei], domini Willelmi de Duglas et domini Andree
[de Duglas apposui ; his testibus], domino Eogero, abbate de Neubotil,
domino Alexandro Ouieth, domino [Johanne] de Vallibus, domino Will-
elm o de Duglas, domino [Alexandro] de Dalmahoie, . . . [de Sel]mis et
aliis.
212 MENTEITH CHARTERS. [1240.
5. Charter of Confirmation "by Walter Comyn, Earl of Menteith, of a
gift by Sir Alexander de Stirling to the monks of Arbroath of half
a stone of wax yearly. — Circa 1240. 1
Omnibus hoc scriptum visuris uel audituris, Valterus Cummin comes de
Meneteth, salutem. Nbueritis me concessisse et confirmasse donum quod
dominus Alexander de Striuilyn, miles, et fidelis meus, contulit monachis de
Aberbrothoc, prout continetur in carta sua subscripta quam dictis monachis
contulit : — Omnibus has literas uisuris uel audituris, Alexander de Striuilyn,
salutem in Domino. Nouerit uniuersitas uestra me, pro salute anime mee
et anime bone memorie Ermengardis, filie domini mei Eegis Alexandri, et
antecessorum et heredum meorum, dedisse et concessisse et hac carta mea
confirmasse Deo et ecclesie Sancti Thome martiris de Aberbrothoc, et
monachis ibidem Deo seruientibus et seruituris, in puram et perpetuam
elemosinam, singulis annis ad luminare predicte ecclesie, de me et heredi-
bus meis, dimidiam petram cere, ad nundinas de Monros percipiendam per
manum propositi mei qui pro tempore fuerit in uilla Laurencii, quam mihi
dedit dominus meus Valterus comes de Meneteth. Quare uolo ut predicti
monachi predictam dimidiam petram cere de me et heredibus meis in prefato
loco, sicut supradictum est, libere et quiete teneant et possideant, sicut ali-
quam elimosinam in toto regno Scocie ab aliquo liberius et quiecius tenent
et possident ; hiis testibus, domino Henrico de Striuelin, filio comitis Dauid,
Michaele de Stratum, Nycholao de Inuerpefer, Rogerio de Balkathin, Hugone
Marscallo, et multis aliis.
1 Registrum Vetus de Aberbrothoc, p. 265.
&
*
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«%q£^ $ $ g 3
*
1260.]
LANDS IN ABERFOYLE.
213
6. Charter by Sir John Eussell and Isabella Countess of Menteith
his spouse, to Sir Hugh of Abyrnethine, of lands in Aberfoyle. —
[Circa 1260.] 1
Omnibus hoc scriptum visuris uel audituris, dominus Johannes Eussellus
et Isabella sponsa sua, comitissa de Menethet, eternam in Domino salutem :
Nouerit vniuersitas uestra nos dedisse, concessisse, et hac presenti carta
nostra confirmasse domino Hugoni de Abyrnethine, et heredibus suis uel
suis assignatis, pro seruicio suo et feoditate, viginti libratas terre raciona-
biliter extensas in territorio de Abirful, ex occidentali parte de Fort : Ten-
endas et habendas dicto domino Hugoni et heredibus suis uel suis assignatis
de nobis et heredibus nostris, libere, quiete, plenarie, pacifice et honorifice,
adeo sicuti illam vnquain melius, liberius, quiecius, tenuimus et tenere
debuimus : Eeddendo inde annuatim dictus dominus Hugo, uel heredes sui
uel sui assignati, nobis et heredibus nostris, pro omni seruicio, consuetudine,
exaccione seculari et demanda que de dicta terra aliquo modo exigi poterunt,
tantummodo vnum nisum sorem ad festum Sancti Jacobi, uel sex denarios ;
saluo tamen domino Eegi forinseco seruicio tante terre pertinenti, et salua
nobis et heredibus nostris tantummodo aduocacione ecclesie de Abirful. Nos
uero et heredes nostri dicto domino Hugoni et heredibus suis uel suis as-
signatis dietarn terram cum pertinenciis suis contra omnes homines et feminas
pro dicto seruicio warentizabimus, aquietabimus, et in perpetuum defende-
mus: Et ad maiorem huius rei securitatem faciendam, presentem cartam
sigillorum nostrorum munimine roborauimus ; hiis testibus, domino M[alcolmo]
comite de Eiff, domino M[alisio] comite de Stratherine, domino Alexandra
Cumine, comite de Buchane, domino W[illelmo] comite de Mar, domino
J[ohanne] Cumine tunc jus ticiario Galuuidie, domino W[illelmo] de Montefixo,
et Magistro W[iUelmoJ Wishard, archidiacono Sancti Andree et aliis.
1 Original in the Douglas Charter-chest.
214 MENTEITH CHARTERS. [1213.
7. Tnspeximus by King Henry the Third, dated 20th September 1261, of
an Agreement between Maurice Earl of Menteith and Maurice,
younger, his brother. — [6th December] 1213. 1
Eex, omnibus, etc. : Noveritis nos, anno ab Incarnatione Domini m? cc? sexa-
gesimo primo, vicesirno die Septembris, inspexisse cartam Alexandri filii regis
Scocie, comitis Gilberti de Strathern, comitis Malcolmi de Fif, et Wilelmi de
Bosco cancellarii, sigillis suis signatam, non abolitam, non cancellatam, nee in
aliqua sui parte viciatam, sub hac forma : Hec est amicabilis conventio facta
apud Edinburche, anno ab Incarnacione Dominica in? cc? xiii?, die Sancti
Nicholai, inter Mauricium comitem de Manenthe et Mauricium juniorem fra-
trem ejus de loquela,que fuit inter eos de comitatu de Manethe, quem Mauricius
junior petebat sicut jus et hereditatem suam; scilicet, predictus Mauricius comes,
per fustum et baculum, resignavit in manu domini Eegis Willelmi comitatum
de Manenthe, et dominus rex eundem comitatum reddidit Mauricio juniori sicut
jus suum; Mauricius autem senior tenebit in vita sua per balliam domini regis
duas villas, scilicet, Muyline et Eadenoche et Turn et Cattlyne et Brathuli et
Cambuswelhe, quas terras Mauricius junior accomodavit domino regi ad opus
Mauricii senioris in vita sua, ita quod, Mauricio seniore decedente, terre ille
sine contradictione redeant ad Mauricium juniorem : Idem vero Mauricius
junior eadem die tradidit fratri suo Mauricio seniori ad maritandas filias suas,
Savelime, sicut iidem duo fratres earn tenuerunt predicto die, et Mestryn et
Kenelton et Stradlochlem, ita quod ille filie et earum heredes qui de illis
venieut tenebunt illas quatuor terras Mauricio juniori. Et ut hec amicabilis
conventio facta firmius futuris temporibus teneatur, probi homines domini
regis utrique parti hujus cyrographi sigilla sua apposuerunt. Hii autem
hinc presentes fuerunt, dominus Alexander filius domini regis, comes
1 Patent Rolls, Record Office, London.
1213.] MAURICE SENIOR AND MAURICE JUNIOR. 215
Gilbertus de Stratherne, comes Malcomus de Fife, Willelmus de Boscbo, can-
cellarius, Philippus de Mubray, Ingelranms de Ealliolo, Walterus de Lindeseia,
Bogerus de Mortemer, Alexander vicecomes de Strivelin, Hervius de Kinross,
Dauid Marescallus, Malcolmus de Ketenes, Henricus de Brade, Henricus de
Boskclyn, Laurencius de Abernetbe, Hugo de Gurley, Kicardus Bevel, Wal-
terus Comyn, Kobertus de Sincler, Malcolmus senescallus comitis de Straderne,
Willelmus de Duneglas, Arcbibaldus de Duneglas, Bicardus Anglim. In cujus
etc., teste Bege, apud Windesorum, die et anno supradictis.
8. Inspeximus by King Henry the Third, dated 20tb September 1261, of a
Charter by King William the Lion confirming the foresaid agreement.
—7th December [1213]. 1
Bex, omnibus presentes literas iiispecturis, salutem in Domino. Noveritis
nos anno ab Incarnacione Domini m°cc°lx° primo, vicesimo die Septembris,
inspexisse cartam Willielmi Begis Scotie, sigillo suo signatam, non
abolitam, non caucellatam, nee in aliqua sui parte viciatam, sub hac forma : —
Willielmus Dei gratia rex Scotie, omnibus probis hominibus tocius terre sue,
clericis et laicis, salutem : Sciant presentes et futuri me concessisse et hac
carta mea confirmasse conventionem factam apud Edinburghe in plena curia
mea, inter Mauricium seniorem de Manethe, et Mauricium juniorem, fratrem
ejus, de comitatu de Manenthe, quern Mauricius junior petebat sicut jus
suum et hereditatem, et quern Mauricius senior resignavit in manu mea, et
quern reddidi Mauricio juniori sicut jus suum. Quare volo, et firmiter pre-
cipio, quatenus predicta conventio inter eos inde facta firmiter et inviolabiliter
teneatur, sicut facta fuit in plena curia mea, et sicut cyrographurn inter eos
inde factum testatur ; salvo servitio meo : Testibus, Alexandra filio meo,
Comite Malcolmo de Fife, Wilielmo de Boscho cancellario, Comite Gilberto de
1 Patent Rolls, Record Office, London.
216 MENTEITH CHARTERS. [1262.
Stradheme, Philippo de Mubray, Kogero de Mortemer, Alexandro vicecomite
de Strivelyn, Waltero de Lindeseia, Herveio de Kinros, Harveio Marescallo.
Apud Edinburghe, septimo die Decembris, etc. Teste Eege, apud Windeso-
rum, die et anno supradictis.
9. Charter by Walter Stewart, Earl of Menteith, renewing and con-
firming a grant by Dufgall, son of Syfyn', to the Monastery of Paisley,
of the church of Kilcolmanel in Kintyre. — [19th January] 1262. 1
Omnibus Christi fidelibus hoc presens scriptum visuris vel audituris, Walterus
Senescallus, comes de Menthet, salutem in Domino sempiternam. Noverit
universitas vestra me, caritatis intuitu, pro salute animarum antecessorum
meorum in monasterio de Passelet sepultorum, concessisse et hac presenti
carta confirmasse Deo et Sancto Jacobo et Sancto Mirino predicti loci, et
monachis ibidem Deo servientibus et imperpetuum servituris, donationem
quam Dufgallus filius Syfyn' predictis monachis fecit et carta sua confir-
mavit, priusquam terram suam de Schyphinche mihi contulit, super ecclesia
Sancti Colmaneli infra predictam terram sita, cum una nummata terre ad
predictam ecclesiam spectante, cum capella juxta castrum de Schyphinche.
Quare volo et pro me et heredibus meis concedo quod dicti monachi predictam
ecclesiam cum omnibus pertinentiis, libertatibus et aisiamentis suis, in liberam
puram et perpetuam elemosinam imperpetuum teneant, habeant et possideant,
adeo libere, quiete et pacifice, sicut aliquam aliam ecclesiam de dono baronis
vel militis liberius et quietius tenent et possident. In cujus rei testimonium
huic presenti scripto sigillum meum duxi apponendum : Hiis testibus, dominis
Fynleio de Stragrif, Johanne de Irschyn, militibus, Dufgallo filio Sewen',
Murchardofilio Malcmur, Johanne Portar.Dunslene fratre Murchardi.Eeginaldo
1 Eegistrimi Monasterii de Passelet, p. 121.
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1271.] WALTER STEWART, EARL OF MENTEITH. 217
clerico, et aliis multis. Datum apud parcum de Irschyn, die Jovis proxima post
festum Sancti Illarii, anno gratie millesimo ducentesimo sexagesimo secundo.
10. Confirmation by King Alexander the Third, of a gift by Walter
Stewart, Earl of Menteith, to Gilbert, son of Gilbert of Glenkerny,
knight, of the half of Broculy.— 14th August [1267]. 1
Alexander Dei gracia Rex Scottorum, omnibus probis hominibus tocius terre
sue, salutein : Sciatis nos concessisse, et hac presenti carta nostra confirmasse
donationem illam quam Walterus Senescalli, comes de Meneteth, fecit
Gilberto filio Gilberti de Glenkerny, militi, de consensu et voluntate Marie
sponse sue, comitisse de Meneteth, de medietate ville de Broculy cum per-
tinenciis, videlicet, ilia medietate que iacet in parte orientali uersus marchias
de Eglysdissentyne : Tenenda et habenda eidem Gilberto et heredibus suis,
de predictis Waltero comite et Maria sponsa sua, et eorum heredibus, in feodo
et hereditate, per rectas diuisas suas, et cum omnibus iustis pertinenciis suis,
libertatibus et aysiamentis ad predictam medietatem ville de Broculy pertinen-
tibus, adeo libere et quiete, plenarie et honorifice, sicut carta predicti Walteri
Comitis eidem Gilberto exinde confecta plenius iuste testatur ; saluo seruitio
nostro : Testibus, Colbano comite de Fife, Alano Hostiario, Hugone de Abirni-
thyn, Eustachio de Turribus, Reginaldo le Chene, et Alexandro de Morauia ;
apud Obeyne, quarto decimo die Augusti, anno regni nostri nono decimo.
11. PiEtodr of Inquest made by Walter Stewart, Earl of Menteith, as
Sheriff of Dumbarton, declaring Mary, Ellen, and Forveleth, daughters
of the late Finlay of Campsie, to be the lawful heirs of the deceased
Dufgall, brother of Maldoven Earl of Lennox. — [15th May] 1271. 2
Omnibus Christi fidelibus presens scriptum visuris vel audituris, Walterus
Senescallus, comes de Menthet, salutem in Domino sempiternam. Nbverit
1 Original Charter at Castle Grant. 2 Registrant Monasterii de Passelet, p. 191.
2 E
218 MENTEITH CHARTERS. [1271.
universitas vestra me mandatum domhri mei Alexandri Dei gratia illustris Kegis
Scotie recepisse, in hec verba : — -Alexander Dei gratia Eex Scotie, Waltero
comiti de Menthet, dilecto et fideli suo vieecomiti et ballivis suis de Dunbre-
tan, salutem. Mandamus vobis et precipimus quatinus per probos et fideles
homines patrie diligenter et fideliter inquiri faciatis si Maria sponsa Johannis
de Wardroba, et Elena sponsa Bernardi de Erth, ac Forveleth sponsa Norrini
de Monorgund, filie quondam Einlai de Camsi, sint legittime et vere heredes
quondam Dufgalli, fratris Maldoveni comitis de Levenax ; et dictam inquisi-
tionem diligenter factam et in scriptis redactam, sub sigillo vestro et sigillis
eorum qui dicte inquisitioni faciende intererint, ad capellam nostram mitti
faciatis, et hoc breve. Teste meipso, apud Kynclewyn, xxiiii die Aprilis, anno
regni nostri xx secundo. — Hujus igitur auctoritate mandati, per sacramenta
dominorum Hugonis Flandrensis, Alexandri de Dunhon, Eoberti de Culchon,
militum, Gilberti filii Absolonis, Duncani filii Ameledy, Malcolmi de Drum-
man, Malrnor dicti Juvenis, Gilmychel Mac Hedolf, Ade dicti Juvenis, Dun-
cani filii Gilcrist, Thome filii Somerledy, Newyn Mac Kessan, Maldoveni'
Mac Dawy, Hectoris Mac Souhyn, Ewgenii aurifabri, super premissis dili-
gentem feci inquisitionem : Fer quorum sacramenta ad sancta Dei evangelia
corporaliter prestita, veraciter didici et compertus sum predictas mulieres
veras et legittimas heredes esse prenominati Dufgalli, per lineam consan-
guinitatis descendendo ex parte Malcolmi, fratris predicti Dufgalli et avi
predictarurn mulierum ; et ipsum Dufgallum uxorem desponsatam minime
habuisse. Et ne dicta inquisitio per me facta ceca oblivione depereat, gratia
majoris testimonii, tarn ego quam predicti milites, necnon et Duncanus filius
Ameledy et Malcolmus de Drumman, presens scriptum sigillorum nostrorum
appositione roboravimus. Acta apud Dumbertan, die Veneris proxima ante
festum Sancti Dunstani archiepiscopi, anni gratie millesimi ducentesimi
septuagesimi primi ; hiis testibus, domino Johanne de Herchyn milite,
1286.] WALTER STEWART, EARL OF MENTELTH. 219
domino Adam capellano castri de Dunibertan, Gilpatrik Mac Molbrid,
Kicardo de Dunnydover, Nicholaio filio Germani, Wdardo dicto Selyman,
Wilelmo de Cragbayth, Clemente de Dumbertan, Waltero de Orreis, Hyngel-
ramo de Monte Acuto, et aliis multis.
12. Bond by Patrick Earl of Dunbar, Walter Stewart, Earl of Men-
teith, Robert Bruce, their sons, and other noblemen, to adhere to the
party of Richard de Burgh, Earl of Ulster, and Sir Thomas of Clare. —
Turnberry Castle, [20th September] 1286. 1
Omnibus hominibus hoc scriptum visuris vel audituris, Patricius comes de
Dunbar, Patricius, Johannes et Alexander, filii ejus, Walterus Senescallus,
comes de Menethe, Alexander et Johannes, filii ejus, Robertus de Bruse,
dominus vallis Anandire, et Robertus de Brus comes de Carryke, ac Ricardus
de Brus, filii ejus, Jacobus Senescallus Scotia} et Johannes frater ejus,
Enegus filius Dovenaldi et Alexander filius ejus legittimus, eeternam in
Domino salutem.
Nbverit universitas vestra nos per praesens scriptum nostrum nos obligasse
et fideliter promisisse, ac promissum nostrum corporali sacramento, tactis
sacrosanctis evangeliis, et per fidei nostra? dationem vallasse, quod nos cum
tota potentia nostra indeficienter adhrerebimus nobilibus viris, domino Ricardo
de Burgo comiti Ultonia?, et domino Thomse de Clare, in omnibus negotiis
suis, et cum eis atque complicibus suis fideliter stabimus contra omnes eis
adversantes ; salva fide domini regis Anglic, et salva fide illius qui regnum
Scotia?, ratione sanguinis felicis recordationis domini Alexandri regis Scotia?,
qui ultimo obiit, adipiscetur et optinebit secundum antiquas consuetudiues
hactenus in regno Scotia? approbatas et usitatas.
Et si contingat aliquem nostrum contra praesentem obligationem nostram,
1 Historical Documents, Scotland, vol. i. p. 22.
220 MENTE1TH CHARTERS. [1286.
et contra prsesens promissuru nostrum in aliquo venire (quod absit), volumus
et concedimus pro nobis omnibus et pro singulis nostrum, quod dicti nobiles,
comes Ultonise, et Thomas de Clare, cum omnibus suis complicibus et con-
foederatis, super ilium currant ad ipsum et omnia bona sua destruenda, nisi
ab errore suo resiliet, et ad condignam venerit satisfactionem secundum
visum et considerationem dictorum nobilium, comitis Ultonite, et Thomse de
Clare, et eorundem complicium ac confcederatorum. In cnjus rei testimonium
prtesenti scripto sigilla nostra fecimus apponi.
Datum apud Turnebyry in Carryke, die Veneris in vigilia Beati Mathsei
Apostoli, anno gratiae ducentesimo octogesimo sexto.
13. Charter by Waltee Stewart, Earl of Menteith, to the Monastery
of Kilwinning, of the church of Kylmachornat, in Knapdale, with
chapels and lands belonging thereto. — [Circa 1290.] 1
Sciant presentes et futuri quod ego Walterus Sen[escalli], comes de Men-
theht, dedi, concessi, et hac presenti carta rnea confirmavi Deo et monasterio
Sancte Marie et Sancti Wynnini de Kylwynin in Cunningham, et monachis
ibidem Deo servientibus et perpetuo servituris, ecclesiam de Kylmachornat in
Knapedale, cum capellis Sancte Marie in Cuapro et Sancti Michaelis in
Inwerlaxo, et cum tribus denariatis terre in Eiventos eidem ecclesie de
Kylmachormat annexis, et cum omnimodis aliis contra oditatibus ad dictam
ecclesiam cum capellis suis de iure pertinentibus, vel futuris temporibus quo-
cumque modo pertinere valentibus, in puram et perpetuam elemosinam, divine
caritatis intuitu, et pro salute anime mee et domine Marie quondam spouse
mee, comitisse de Menetheht, et animabus omnium antecessorum meorum
et successorum. Ego vero Walterus et heredes mei ecclesiam predictam de
1 Theiner's Vetera Monumenta, No. div. \>. 258.
1292-3.] WILLIAM COMYN, HUSBAND OF LADY ISABELLA. 221
Kylmachornat cum omnibus predictis pertinentiis suis et libertatibus, pre-
dicts monasterio et monachis, contra omnes homines et feminas imperpetuum
garantizabimus et defendemus. In cuius rei testimonium presenti carte
sigillum meum apposui; hiis testibus, dominis Johanne Senescalli, Johanne de
Soulis, Andrea Kras, Ingerramo de Henka Wille, Eeginaldo de Crauford,
militibus, Alexandra de Menetheht et Johanne, filiis meis, magistro Gilberto
de Templeton et multis aliis.
14. Grant by King Edward the First to William Comyn of the Keepership
of the Forest of Traquair and Selkirk. — 15th January 1291-2. 1
Eex et superior dominus regni Scotie omnibus ad quos, etc., salutem. Sciatis
quod commisimus dilecto et fideli nostra Willielmo filio Johannis Comyn,
custodiam foreste de Trequer et Selechirche cum pertinentiis, habendam
quamdiu nobis placuerit, eodem modo quo Simon Fraser nuper defunctus
custodiam illam habuit in vita sua, ita quod bene et fideliter se habeat in
custodia predicta. In cujus, etc.
Teste Eege, apud Westmonasteriuin, xv die Januarii.
Et mandatum est custodibus ejusdem regni quod custodiam predictam
predicto Willielmo liberent tenendam in forma predicta. In cujus, etc.
Teste ut supra.
15. Mandate by King Edward the First to John Baliol, King of Scots,
to release Isabella Comyn, widow of William Comyn, from her oath
not to marry without Baliol's consent. — 5th January 129 2-3. 2
Eex dilecto et fideli suo Johanni, eadem gratia regi Scotorum illustri, salutem.
Cum maritagium Isabelle Comyn, relicte Willelmi Comyn, quod accidit dum
1 Rotuli Scotue, vol. i. p. 7. - Ibid. p. 16.
222 MENTEITH CHARTERS. [1292-3.
regnum Scotie ut ipsius superior dominus tenebamus, dilecto et fideli nostro
Edmundo de Hastinges dedissemus, vos, sicut accepimus subsequenter, jura-
mentum extorsistis ab ea quod sine voluntate vestra et licentia se non nubet.
Attendentes autem juramentum hujusmodi in prejudicium superioritatis
nostri dominii esse factum, serenitati vestre mandamus, rogantes quatinus
quod in nostri prejudicium in hac parte esse dinoscitur attemptatum facientes
celeriter revocari, predictam Isabellam a predicti juramenti vinculo quietetis,
et quantum in vobis est faciatis penitus esse quietam.
Teste Rege, apud Novum Castrum super Tynam, v die Januarii.
16. Grant by King Edward the First of England to Alexander Earl of
Menteith of the custody of the lands belonging to Alexander of Argyll,
and his son John. — 10th September 1296. 1
Rex omnibus ad quos, etc., salutem. Sciatis quod assignavimus dilectum et
fidelem nostrum Alexandrum comitem de Meneteth ad capiendum in manum
nostram castra et fortalitia, insulas, et omnes terras et tenementa Alexandri
de Ergeyl cum omnibus suis pertinentiis, tam per terrain quam per mare, et
ad castra, fortalitia, insulas, terras et tenementa ilia cum suis pertinentiis
quibuscunque, custodienda quamdiu nobis placuerit, ita quod castra, fortalitia,
insulas, terras et tenementa predicta de exitibus eorundem custodiat, et illud
quod de exitibus illis ultra custodiam illam remanserit, eidem Alexandro ad
sustentationem suam, uxoris et familie sue, faciat liberari, donee aliud inde
duxerimus ordinandum. Assignavimus etiam eundem comitem ad capiendum
in manum nostram castra et fortalitia, et omnes terras et tenementa Johannis
filii predicti Alexandri primogeniti, qui nondum ad pacem nostram venit, et
1 Rotuli Scotife, vol. i. p. 31.
1305.] ALAN, SEVENTH EARL OF MENTEITH. 223
ad ea salvo custodienda quamdiu nobis placuerit, ita quod de exitibus inde
provenientibus ultra custodiam illam nobis respondeat ad scaccariam nostram
apud Berewycuni. In cujus, etc.
Teste Bege, apud Berewycum, x die Septenibris.
1 7. Charter by Alan Earl of Menteith to Sir Walter of the Akynhewyde,
knight, of the land of Thome. — [Circa 1305.] 1
Sciant preserves et futuri quod ego Alanus comes de Menteth, filius domini
Alexandri comitis de Menteth, dedi, concessi, et hac presenti carta mea con-
firmaui domino Waltero de le Akynhewyde, militi, pro homagio et seruicio
suo, totam terrain de Thome in Menteth, cum omnibus rectis diuisis suis :
Tenendam et habendam dicto domino Waltero, et heredibus suis vel assig-
natis, de me et heredibus meis, libere, quiete, plenarie, pacifice et honorifice,
in bosco et piano, in pratis, pascuis et pasturis, in aquis et molendinis, in
piscariis et viuariis et cum omnibus aliis commoditatibus, libertatibus et
aysiamentis ad dictam terrain pertinentibus vel aliquo tempore de jure
pertinere valentibus : Faciendo inde forinsecum seruicium domini Eegis
quantum pertinet ad dictam terrain, pro omni alio seculari seruicio, con-
suet udine, exaccione et demanda : .Ego vero Alanus et heredes mei dictam
terram de Thome cum omnibus pertinenciis suis, diuisis, et libertatibus, vt
predictum est, dicto domino Waltero, et heredibus suis vel assignatis, contra
omnes homines et feminas in perpetuum warantizabimus, acquietabimus et
defendemus ; hiis testibus, domino Jacobo Senescallo Scocie, domino Malisio
comite de Stratherne, domino Alexandro de Abyrnythin, domino Johanne
de Menteth, niilitibus, domino Mauricio priore de Insula Sancti Colmoci,
Malcolmo de Ewsthy et Johanne . . . et multis aliis.
1 Original in Gleneagles Charter-chest.
224
MENTEITH CHARTERS.
[1309.
18. Eelaxation by John of Barclay, Lord of Crawford, to Malise of
Menteth, of the feu-farm of Tulymadich and Cragis. — [11th June]
1309. 1
Omnibus Christi fidelibus ad quos presentes litere peruenerint, Johannes de
Berclay dominus de Crauford, salutem. Noueritis me, ex eonuentione facta,
relaxasse et diminuisse Malisio de Meneth de octo marcis in [quibus] dictus
Malisius michi et heredibus meis hereditarie tenetur, ut patet in carta con-
fecta inter me et dic[tum] Malisium de terris de Tulymadich et le Cragis, nisi
tantummodo quod idem Malisius bona fide . . . terris annuis poterit leuare
dum dicte terre de Tulymadich et de le Cragis se extende ... ad integram
assedationem octo marcarum, et ex tunc idem Malisius reddet illas octo
marcas . . . ut patet in carta sua originali de predictis terris : Preterea et si
contingat, quod absit, quod dicte terre per . . . Anglicanum destruantur, pre-
dictus Malisius uel heredes sui uel sui assignati michi et heredibus meis uel
[assignajtis de predicta feodifirma integra non tenebuntur nisi quatenus de
dictis terris pacifice percipere pot . . . patet in dicta carta : In cuius rei testi-
monium, presentibus sigilluni meum apposui. Datum apud Aberden, die
. . . Barnabe Apostoli, anno Domini m°ccc° nono.
19. Charter by King Robert the Bruce to Walter Fleming, witnessed by
Sir John of Menteth.— 20th March [1315]. 2
Bobertus Dei gracia Bex Scottorum, omnibus probis hominibus tocius terre
sue, salutem : Sciatis nos dedisse, concessisse, et hac presenti carta nostra
confirmasse Waltero Fleming, filio Wilelmi Fleming de Barruchan, militis,
dilecto et fideli nostro, pro homagio et seruicio suo, medietatem molendini de
1 Original at Castle Forbes. 2 Original Charter at Halyburton.
1330.] MURDACH, EIGHTH EARL OF MENTEITH. 225
Retteries, terciam partem terre de Petcur, vnam bracinam cum pomerio in
villa de Kettenes, vnacum quatuor acris terre in terra dominicali eiusdem
ville extentis et ad eandem bracinam assignatis, vmim cotagium in occi-
dental! parte ville de Kettenes, vnum fabrile in eadem villa, et viginti tres
solidos argenti annuatim percipiendos in molendino baronie de Essy : Tenenda
et habenda predicto Waltero et heredibus suis de nobis et heredibus nostris,
in feodo et hereditate, per omnes rectas metas et diuisas suas, libere, quiete,
plenarie, pacifice et honorifice, cum omnibus libertatibus, commoditatibus,
aisiamentis, consuetudinibus et iustis pertinenciis suis debitis et consuetis :
Faciendo inde nobis et beredibus nostris dictus Walterus et beredes sui
octauam partem seruicii vnius militis in exercitu nostro, et Scoticum seruicium
debitum et consuetum ; vna cum proparte vnius secte ipsum contingente de
baronia de Kettenes faciende ad curiam vicecomitatus nostri de Forfar. In
cuius rei testimonium present! carte nostre sigdlum nostrum precepimus
apponi ; testibus, Bernardo abbate de Abirbrothoc, cancellario nostro, Johanne
de Menetetb, Alexandro Fraser, Gilberto de Haia constabrdario Scocie, et
Eoberto de Ketb, marescallo Scocie, militibus : Apud Abirbrothoc, vicesimo
die Marcii, anno regni nostri nono.
20. Chaetee by Muedach Earl of Menteith to Sir Walter of Mentetth,
of the lands of Thorn and Lanarkynys, and fishing in the Teith. —
[Circa 1330.]
Sciant presentes et futuri, nos, Mordacum comitem de Menetheth, filium
domini Alexandri comitis quondam de Menetheth, dedisse, concessisse, et hac
presenti carta nostra confirmasse domino Waltero de Menetheth, filio domini
Johannis de Menetheth, et heredibus suis et assignatis, totam terrain de
Thom, in comitatu nostro de Menetheth, cum omnibus suis pertinenciis et
2 F
226
MENTEITR CHARTERS.
[1330.
rectis diuisis ; videlicet, incipiendo ab aqua de Theth, secundum quod mar-
chia ville de Dune se extendit, vsque ad niarchiani terre de Conulath, cum
quatuor marcatis terre in Conulath perprius iacentibus, ad terram de Thorn
ex parte australi, cum omnibus [et] singulis terris de tribus Lanarkynys in
Menetheth, cum iustis suis pertinenciis et rectis diuisis, et sic transeundo per
marcbiam de Seskentuly, Bucopill, et Thorri, vsque aquam de Thetb ex parte
occidentali, et descendendo per dictam aquam vsque marchiam predicte ville
de Dune : Tenendam et habendam eidem domino Waltero, heredibus suis seu
assignatis, de nobis et heredibus nostris, in perpetuum in feodo et hereditate,
sine aliquo retenemento ; cum omnibus suis libertatibus, rectitudinibus, et
aysiamentis ad dictas terras spectantibus, vel aliquo modo de iure spectare
valentibus ; et cum piscaria aque de Theth, quatenus predicte terre de Thorn
et de Lanarkynys se extendunt, adeo libere, quiete, plenarie, pacifice, honori-
fice et integre, sicut alique terre in regno Scocie ab aliquo comite vel barone
tenentur vel possidentur, liberius, quiecius, per cartam vel per scriptum
fuerint collate, concesse, vel infeodate, in bosco et piano, in pratis et pascuis,
pasturis, in nioris, marisiis, in viis et semitis, in stagnis et aquis, in molendinis
et multuris, in piscariis et viuariis, in venacionibus et aeriis, in merchetis et
blodwytis, et in omnibus aliis aysiamentis, tarn nominatis quam non nominatis,
vt predictum est, ad easdem terras spectantibus, vel quocunque modo de iure
spectare valentibus : Faciendo inde dictus dominus Walterus et heredes sui
vel assignati forinsecum seruicium domini regis quantum ad dictas terras
pertinet, et nobis et heredibus nostris tres sectas, ad tria placita capitalia
nostra de Menetheth, pro omni alio seruicio seculari, consuetudine, exaccione,
vel demanda, que de predictis terris exigi poterunt vel peti. Nos vero et
heredes nostri predictas omnes et singulas terras, vt predictum est, eidem
domino Waltero et heredibus suis seu assignatis, contra omnes homines et
feminas warantizabimus, acquietabimus, et in perpetuum defendemus. In
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1330.] GILBERT DRUMMOND OF BOQUHAPLE. 227
cuius rei testimonium presenti scripto sigillum nostrum apposuimus ; hiis
testibus, dominis Johaune de Menetheth, Malisio de Stratherne, Willelmo de
Monte Fixo, militibus, dompno Cristino priore de Insula Sancti Colmoci,
Alexandra de Menetheth, Guilberto de Drummond, Malcolmo de Drummond,
et multis aliis.
21. Charter by Murdach Earl of Menteith to Gilbert of Drummond, of
the western half of the town of Buchchoppill, in the Earldom of
Menteith.— [Circa 1330.] 1
Omnibus hoc scriptum visuris vel audituris, Murdacus comes de Meneteth,
salutem eternam in Domino : Nouerit vniuersitas vestra nos dedisse, conces-
sisse et hac presenti carta nostra confirmasse Gilberto de Drommund pro
homagio suo et seruitio totam occidentalem dimidietatem ville de Buch-
choppill, propinquius terre de Busby adiacentem, infra comitatum nostrum de
Meneteth, per omnes rectas metas suas et diuisas, et cum omnibus iustis suis
pertinenciis : Tenendam et habendam eidem Gilberto et heredibus suis ac
assignatis de nobis et heredibus nostris in feodo et hereditate in perpetuum,
libere, quiete, plenarie et honorifice, in bosco et piano, pratis et pascuis, moris
et maresiis, viis et semitis, aquis et stangnis, molendinis et multuris ac
bracinis, piscariis et viuariis, in venacionibus et aucupacionibus, et cum
omnibus aliis libertatibus, commoditatibus et aysiamentis, tam nominatis quam
non nominatis, ad dictam dimidietatem ville spectantibus uel de iure seu titulo
in posterum spectare valentibus : Faciendo inde ipse et heredes sui seu
assignati forinsecum seruicium domini Begis quantum ad dictam dimidie-
tatem ville pertinet, et tres sectas curie ad tria placita nostra capitalia de
Meneteth per annum, pro alio omni seruicio seculari, consuetudine, exaetione
1 Original in Blair Drummond Charter-chest.
228 MENTEITE CHARTERS. [1330.
et demanda, que per nos uel lieredes nostros de dicto Gilberto uel heredibus
suis seu assignatis pro dicta dimidietate ville exigi poterunt seu demandari :
Et si contingat dictum Gilbertum aute Matildem sponsam suam in fata
decedere, quod absit, volumus et concedimus quod predicta Matildis sponsa
sua totam predictam dimidietatem ville de Buchchopill cum suis pertineuciis
in omnibus pro tempore vite sue libere et paciflce teneat et possideat : Et si
contingat dictum Gilbertum sine herede masculo de corpore suo legitime
procreato, quod absit, in fata decedere post decessum dicte Matildis, damus
et concedimus per presentes, pro nobis et heredibus nostris, Elene filie pre-
clicti Gilberti et heredibus suis masculis de corpore suo legitime procreatis
seu procreandis totam prenominatam dimidietatem ville de Buchcoppill cum
pertinenciis, in omnibus et per omnia, vt superius prescriptum est, adeo libere
et plenarie sicut presens carta nostra in se proportat et testatur : Et si con-
tingat predictam Elenam sine herede masculo de corpore suo procreato in
fata decedere, volumus quod Elysabeth soror predicte Helene predictam terrain
libere, plenarie, sub eadem forma teneat et possideat : Et quod post decessum
predicte Elysabeth, si contingat earn sine herede masculo decedere, Johanna
soror predicte Elysabeth sepedictam terram sub forma predicta habeat : Et
quod post decessum Johanne, si heredem masculum de suo corpore non habeat
procreatum, Anabilla soror predicte Johanne sepedicta terra in eadem forma,
in omnibus et per omnia, gaudeat : Si vero contingat predictam Anabillam
post decessum suum de corpore suo heredem masculum non habere, volumus et
concedimus quod predicta dimidietas ville de Buchchoppill ad predictum Gil-
bertum de Drommund et ad heredes suos integraliter reuertatur, prout in carta
sua plenius continetur. Nos vero Murdacus comes de Meneteth et heredes
nostri totam predictam dimidietatem ville de Buchchopill cum suis pertinenciis,
in omnibus et per omnia, predicto Gilberto de Drommund et heredibus suis
seu assignatis, vt prescriptum est, contra omnes homines et feminas varantizabi-
1330.] MURDAGH, EIGHTH EARL GF MENTEITH. 229
iiius, acquietabimus in perpetuum et defendenius. In cuius rei testimonium
present! scripto sigillum nostrum apposuimus ; hiis testibus, domino Mau-
ricio Dei gratia Dunblanensi episcopo, domino Alexandra de Meneteth
fratre nostro, Johanne de Menteth, domino Waltero de Menteth, Malcolmo
de Drommund, Gillecrist filio Douenaldi, Anacolo filio Symonis, et multis
aliis.
22. Charter by Murdach Earl of Menteith to Eobert of Logi, of the
lands of Easter Broculli in Menteith. [Circa 1330.] 1
Omnibus hoc presens scriptum visuris vel aiidituris, Murdacus comes de
Meneteth, eternam in Domino salutem: Nouerit universitas vestra me
dedisse, concessisse et hac presenti carta mea confirmasse Eoberto de Logi,
filio quondam Malisii de Logi, pro homagio et servicio suo, totam terram de
Estir Broculli in Menetethe cum pertinenciis, per omnes suas rectas~ divisas
et marchias: Tenendam et habendam sibi et heredibus suis de me et
heredibus meis, in feodo et hereditate, in bosco et piano, in pascuis et
pratis, in terris et aquis, in viis et semitis, in molendinis, piscariis, vena-
cionibus et aucupationibus, et omnibus aliis libertatibus, commoditatibus,
et aysiamentis, tarn non nominatis quam nominatis, ad dictam terram
pertinentibus seu aliquo jure pertinere valentibus, libere, quiete, plenarie,
honorifice et in pace : Faciendo inde forinsecum servicium domini Eegis
quantum ad dictam terram pertinet, et tres sectas quolibet anno, ipse et
heredes sui mihi et heredibus meis, ad tria placita capitalia comitatus de
Menetethe, pro omni alio seculari servicio, consuetudine, exaccione vel de-
manda, que de dicta terra per me et heredes meos in posterum exigi poterunt
1 From a copy made by the late Mr. George Charter-chest. The original charter is not
Smythe of Methven, in the Logiealmond there.
2.30
MENTEITH CHARTERS.
[1330.
vel requiri. Ego vero predictus Murdacus et heredes mei predictam terrain
cum pertinenciis, ut plenius . . . predicto Koberto et heredibus suis
contra omnes homines et feminas warrantizabimus, acquietabimus inper-
petuum et defendemus. In cuius rei testimonium hanc cartam sigilli
mei inpressione roboravi; hiis testibus, dominis Johanne de Menetetbe,
Willelmo de Montefixo, Waltero de Menetetbe, militibus, Johaime de
Moravia de Drumsergart, Gilberto de Drummad, Malcolmo de Drummad,
et multis aliis.
Seal on white wax, but much defaced. 1
23. Chaktee by Johanna of Menteith, Countess of Steathebn, to John,
son of Waltee, of the lands of Gellow, in the barony of Cortachy. —
[Circa 1330.] 2
Omnibus hanc cartam visuris vel audituris, Jobanna de Menteth comitissa
de Strateherne, salutem in Domino sempiternam : Sciatis nos dedisse, eon-
cessisse, et hac presenti carta nostra imperpetuum confirmasse, a nobis et
heredibus nostris, dilecto seruo nostro et fideli Johanni filio Walteri, et
heredibus suis quibuscunque, totam terram nostram de Gellow in baronia
de Kortachy, infra vicecomitatum de Forfare, cum omnibus suis pertinenciis,
pro suo fideli seruicio nobis impenso et in futurum impenderido : Tenendam
et babendam terram premissam dicto Jobanni et heredibus suis, in feodo et
hereditate, de nobis et heredibus nostris imperpetuum, cum omnibus suis
pertinenciis vniuersis et singulis, per omnes rectas metas suas, diuisas et
antiquas, in moris, marresiis, stangnis, pascuis, pasturis, viis, semitis, siluis,
1 Note by Mr. Srnythe on his Transcript. Charter-chest. No seals are now appended
2 Original Charter in the Earl of Airlie's to the charter : only three tags for them.
1330.] JOHANNA OF MENTEITH, COUNTESS OF STRATHERN 231
aquis, molendinis, brasinis, carnificiis, petariis, turbariis, venacionibus, aucupa-
cionibus, boscis et planis, et cum omnibus aliis libertatibus, comoditatibus, et
aysiamentis quibuscunque, tarn sub terra quam supra terrain, tarn nominatis
quam non nominatis, nomine albe firme, dictam terram tangentibus, vel
quouismodo infuturum tangere valentibus, ita libere, quiete, bene, plenarie,
et pacifice, sicut aliqua terra in modo albe firme, infra regnum Scocie, alicui
liberius, quiecius, melius, plenarius, ac pacificencius conceditur ac datur,
saluo tamen forinceco seruicio domini nostri regis quantum inde debetur :
Eeddendo inde idem Johannes et heredes sui, annuatim, ad festum Pente-
costes, nobis et heredibus nostris, ad manerium nostrum de Kortaeby, vnum
denarium argenti, nomine albe firme, si petatur, pro omnibus aliis oneribus,
exaccionibus et demandis, que et quas de nobis et heredibus nostris, a dicto
Johanne et heredibus suis, de dicta terra aliqualiter exigi poterint vel
requiri : Et nos vero Johanna de Menteth, comitissa premissa, pro nobis et
heredibus nostris quibuscunque, dictam terram de Gellow cum omnibus suis
pertinenciis, in omnibus et per omnia, sicut dictum est, dicto Johanni filio
Walteri et heredibus suis, imperpetuum, contra omnes homines et feminas
presentes et futures, warantizabimus, acquietabimus et defendemus : In
cuius rei testimonium sigillum nostrum presenti carte nostre est appensum,
vna cum sigillis domiuorum Lamberti, rectoris de Lundy, et Willelmi de
Eettreff, perpetui vicarii ecclesie de Owterhous ; hiis testibus, dominis Eogero
de Mortuomare, et Eoberto de Eamsay, militibus, Waltero de Ogilby,
vicecomite de Forfare, Henrico de Lyttoun, et multis aliis. 1
1 In Robertson's Index of Missing Charters n.d. This charter, it appears from the same
of the reign of King Robert I. appears — Index, was duly confirmed by King Robert,
" Carta quam Malisius Comes de Stratherne by a Charter of Confirmation, " to Jean
fecit Johanne, filie quondam Joannis de Men- Monteith of the lands of Cartachie in sheriff-
teith militis, sponse eiusdem comitis, of the dom of Forfar, Glenlitherner, Dalkeith, half
lauds of Cartachie in vicecomitatu de Forfar." of Urwkell, in earldom of Stratherne." n.d.
232 MENTEITH CHARTERS. [1343.
24. Notarial Instrument narrating the proceedings of the Marriage betrothal
between Bertold of Loen and Philippa of Moubray. — London, 30th
October 1343. 1
In Dei nomine amen. Per presens publicum instrumentum cunctis appareat
euidenter, quod anno ab Incarnacione Domini, secundum cursum et com-
putacionem ecclesie Anglicane, millesimo trescentesimo quadragesimo tercio,
indictione duodecima, die penultimo mensis Octobris, pontificatus sanctissimi
in Christo patris, et domini nostri, domini Clementis diuina prouidencia Pape
sexti, anno secundo, in ecclesia parochiali beate Marie Magdalene, in Milkstrete,
London, in mei notarii publici iufrascripti et testium subscriptorum presencia,
personaliter constitutus discretus vir, magister Johannes Peuere, asserens se
procuratorern circumspecti viri, Bertoldi de Lon Coloniensis diocesis, ac
nobilis mulieris Philippe de Mouubray, quesiuit a discretis viris dominis
Johanne dicto de Ponte, London, et Johanne de Euesham, presbytris, in eadem
ecclesia tunc presentibus, ac diligenter peciit ab eisdem, an sciebant, vel
aliquis eorum sciebat, de aliquo contractu matrimoniali inito aliquo tempore
inter prefatos Bertoldum et Philippam : Et dictus dominus Johannes de Ponte
dixit expresse quod vidit, audiuit, et personaliter interfuit, quando dictus Ber-
toldus, in domo Johannis de Weston in Temsestrete ciuis et draperi, London, die
Mercurii contingente octauo die post festum Sancti Johannis Baptiste, anno
Domini millesimo trescentesimo tricesimo octauo, matrimonium cum dicta
Philippa contraxit, per hec verba: Ego Bertoldus de Lon accipio te Philippam
de Mouubray in vxorem meam tenendam totis temporibus vite mee, et ad hoc
do tibi fidem meam : Dixit eciam dictus dominus Johannes de Ponte, quod
vidit, audiuit, et interfuit, quando dicta Philippa statim respondebat eidem
Bertoldo, per hec verba : Et ego Philippa de Mouubray accipio te Bertoldum
1 Original in H. M. General Register House, Edinburgh.
1343.] BERTOLD OF LOEN AND PHILIPPA OF MOUBRAY. 233
de Lon in virum meum tenendum ad to turn tempus vite mee, et ad hoc do tibi
fidem meam. Et prefatus dominus Johannes de Euesham, presbiter, dixit
expresse coram prefato magistro Johanne, procuratore vt premittitur dictorum
Bertoldi et Philippe, quod dicta Philippa grauiter infirmata, non habens spem
vite sue, fatebatur coram eodem domino Johanne tunc habente curam anime
ipsius Philippe, ad conscienciam suam exonerandam, quod ipsa Philippa non
habuit ius ad Thomam de Westoun, maritum suum pretensum, quia cum
dicto Bertoldo de Lon matrimonium primitus precontraxit : Dixit et idem
dominus Johannes de Euesham, quod ipse tunc iniunxit eidem Philippe pro
salute anime sue, quod dictum Thomam de Westoun maritum suum sic
pretensum omnino dimitteret, et dicto Bertoldo tanquam viro suo legitimo
adhereret. Acta sunt hec, prout supra scribuntur, sub anno, indictione, die,
mense, loco et pontificatu predictis ; presentibus, discretis viris Johanne de
Boemia et Adam dicto le Hanberger, ac aliis multis testibus ad premissa
vocatis specialiter et rogatis.
Et ego Thomas Hamund de Asshewell, clericus Lincolnensis diocesis,
publicus apostolica auctoritate notarius, predictis omnibus et sin-
gulis in dicta ecclesia beate Maria Magdalene, sic vt premittitur,
habitis, factis, et confessatis, vna cum dictis testibus personaliter
inter fui [etc., in forma communi]. 1
[Dorso :] Instrument tane at London anno 1343, anent the marriage
of Philippa de Moubray and Bertold de Lone.
1 There is also in H. M. General Register manding him, in reference to the cause
House another notarial instrument, unfortu- matrimonial, proceeding between Bertold de
nately mutilated, narrating that, on 18th Lon on the one part, and Thomas of Weston
December 1343, at the parish church of All and Philippa de Moubray, otherwise called of
Hallows in the Ropery [Omnium Sane- Gyse [alias dictam de Gyse], on the other
torum ad Fenum], London, there were read part, to declare the contract of marriage
letters from the Archdeacon of London, between the said Thomas and Philippa to be
addressed to the rector of said church, com- null and void, and the contract of marriage
■2 G
234
MENTEITH CHARTERS.
[1352.
25. Disposition by John of Meneteth, Sheriff of Clackmannan, to John
Mercer, burgess of Perth, of the ward and relief of the lands of Sir
William of Murray of Tullibar dine— [31st May] 1352. 1
Pateat vniuersis per presentes, nos Johannem de Meneteth, vioecomitem de
Clacmanane, prorsus et libere vendidisse Johanni Mercer, burgensi de Perth,
totum ius et clameum quod habuimus vel habere poterimus in wardis seu
releuiis terrarum quondam domini Willelmi de Morauia, domini de Tolibardy,
datis et concessis nobis per dominum Willelmum comitem de Sotheyrland et
dominam Johannam comitissam, sponsam suam, comitissam, videlicet, de
Stratheryn, vna cum iure quod habuimus in annuo redditu de Pytwer et Aldy,
per Cristianam More, sponsam quondam Eeginaldi More, pro quadam sunima
pecunie nobis integraliter persoluta pre manibus : In cuius rei securitatem
obligamus nos et heredes nostros ad warantizandum predicto Johanni Mercer,
et heredibus suis aut assignatis, predictam wardam seu releuium contra pre-
fatum comitem de Sotheyrland et comitissam de Stratheryn, sponsam suam
legitimam. In cuius rei testimonium presentibus sigillum nostrum est
appensum, vna cum sigillo Walteri Olifant, in euidencius testimonium.
Datum apud Perth, die Jouis proximo post festum Penthecostes, anno Domini
M.ccc. quinquagesimo secundo.
between the said Bertold and Philippa to be
lawful, and, after thirty days from the date
of the admonition, to procure their marriage
in the face of the church, that the said Ber-
told aud Philippa may adhere to each other
as husband and wife ; which declaration was
duly made in said church, in presence of John
called clerk of London, Thomas Frend, John
called of Chamber, John of Berne, Tyde-
mann Rotes, Ingelbert of Lenepe, of the
dioceses of Norwich, St. Andrews, Prague,
and Cologne. And on the same day the said
rector went to the house of the said Philippa,
situated within the above parish, in a certain
veunel [venella] called Prestoues rente, and
informed her of the above proceedings.
1 Original in the Athole Charter-chest.
1353.] JOHN OF MENTEITH, LORD OF KNAP DALE AND ARE AN. 235
26. Charter by John oe Menteith to Gillespic Campbell of Lochow, of
his lands in Knapdale. — [29th November] 1353. 1
Sciant presentes et futuri, quod ego Johannes de Menthet, dominus de
Cnappodol et de Aran, dedi, concessi, et in hac presenti carta mea confirmaiii
iideli consanguineo rneo Gilleasbeg Cambel, domino de Lochowo, et heredibus
suis ac assignatis, de me et heredibus meis, totas terras subscriptas in
Cnappodol; videlicet, denariatam terre de Ardnanno, Ervergy, Ariluyg
et Arierech, quadrantem de Bercorari, denariatam de Leachcnaban,
Drumlynd et de Craglyne, quadrantem terre de Obinhan, denariatam de
Bealalach, denariatam de Conardari, obulatam de Dunan, denariatam de
Glencagiduburgilli et Arigeargage, denariatam de Lagan, obulatam de
Achagnaclochi, denariatam de Kyllmychel et de Cragnavyach, obulatam
de Lergnahunsend propinquiorem terre de Kyllmychel, denariatam de
Drumnaherwege et de Metnach, tres quadrantes de Achagnadarach,
obiilatam de Achagnagarthi, tres quadrantes terre de Braclach, obulatam
de Kyllalduburscalan, obulatam de Atichuan, denariatam de Ynwerneill,
Breanorlyng et de Cororlynge, per suas rectas metas antiquas et ex vtraque
parte diuisas : Tenendas et habendas dicto Gilleasbeg Cambel, de me et
heredibus meis, sibi et heredibus, in feuodo et hereditate, vnacum varda et
releuio earundem terrarum, quossiens ad nos uel heredes nostras contigerint
varda uel releuium earundem peruenire, adeo libere, quiete, plenarie, pacifice
et honorifice, in boscis, in planis, in pratis, in pascuis, in moris, in moressiis,
in viis, in semitis, in aquis, in stagnis, in venacionibus, in piscacionibus,
in molendinis, in siluis, in montibus, et cum omnibus aliis pertinenciis,
libertatibus ac ayssiamentis, ad dictas [terras] spectantibus vel de iure
1 Oricrinal Charter at The Binns.
236
MENTEITH CHARTERS.
[1353.
spectare valentibus in futurum : Si vero contingat quod fur aut fures, latro
uel latrones, in terris supradictis fueriut atachiati propter furtum, eidem
Gilleasbeg, heredibus suis ac assignatis, conuedimus liberam potestatem
vendendi ac dimittendi ipsos, prout sibi placuerit ; preterquam quod si ad
mortem fueriut iudicatus aut iudicati ad batibulum et curiam nostram
suspendendi reducantur : Eeddendo inde nobis et heredibus nostris vnum
denarium sterlingorum in festo Sancti Martini anuuatim persoluendum, si
dictus Gilleasbeg uel heredes sui per nos aut heredes nostros ad hoc fuerint
requisiti, pro omni seruicio seculari et demanda : Ego vero prefatus Johannes
de Menthet et heredes mei predictas terras dicto Gilleasbeg Cambel et
heredibus suis ac assignatis, contra omnes homines et feminas varantizabimus,
aquietabimus et defendemus : In cuius rei testimonium sigillum nostrum
est appensum : Datum apud Castrum Suffin (Swaine), in vig[iliis] Sancti
Andree Apostoli, anno Domini m°ccc° quinquagesimo tercio. 1
1 In addition to the above charter, there is
entered in the Duke of Argyll's inventory of
the title-deeds of Knapdale the following
two charters by John of Menteith, Lord of
Knapdale : —
Charter be John of Monteeth, Lord of
Knapdaill and Arrau, in favors of Archibald
Campbell, Lord of Loehaw, his aires and
assigneyes, off that penny land within which
Castel Swine is sitnat, the lands of Apenad,
the 2d land of Danna called Barmore, the
three penny land of 01 va, the lands of Dal-
lechelicha, Stroud Oure, and the lands of
Dreissag in Knapdaill, with the ward and
releiff of the said lands as they shall hapen
to fall to the said John of Monteeth and
his aires : To be holden for payment of a
paire of whyt gloves at Martimass in winter
yearly, if the same shall be asked : With
power also to the said Archibald Campbell and
his aires of selling and dismissing of theiffs
as they please ; and if they be condemned to
death, with power to cause hang them wpon
ane gallows. Which charter is without date.
Charter be John Lord of Menteeth to Sir
Archibald Campbell of Loehaw and his aires,
of the said Eobert [John] his lands in Knap-
daill and Arran, with the keeping of Swine
Castell and pertinents theroff, which John
Lord of Monteeth did more fully dispone to
Archibald Lord of Lochow. Which charter
is lykewayes without date.
1354.] HEIRESS OF MENTE1TH AND THOMAS EARL OF MAR. 237
27. Dispensation by Pope Innocent the Sixth for the marriage of
Thomas Eakl of Mae and Lady Makgaeet, daughter of the late John
Geaham, Eael of Menteith. — 29th May [1354].
Venekabili fratri, [Johanm] Episcopo Aberdonensi, salutem, etc. Petitio pro
parte dilecti filii nobilis viri, Thome comitis de Mar, et dilecte in Christo
filie nobilis mulieris Margarete, nate quondam Johannis comitis de Menetoth,
nuper nobis exhibita, continebat quod ipsi olim ignorantes aliquid impedi-
mentum existere inter eos quominus ipsi possent licite invicem matri-
monialiter copulari, matrimonium per verba de presenti in facie ecclesie,
nemine se opponente, publice invicem contraxerunt, illudque carnali copula
consummarunt ; et quod postmodum ad eorum pervenit notitiam quod ipsi in
quarto sunt consanguinitatis gradu coniuncti, propter quod ipsi nequeunt in
sic contracto matrimonio remanere, dispensacione super hoc apostolica non
obtenta ; quare nobis pro parte ipsorum Thome et Margarete extitit
humiliter supplicatum, ut eis super hoc de oportune dispensationis benefltio
providere de benignitate apostolica dignarenmr : Nos itaque, qui animarum
salutem querimus, singulorum ipsorum Thome et Margarete supplicationibus
inclinati, fraternitati tue de qua in Domino fiduciam obtinemus, ex certis
causis ex parte ipsorum Thome et Margarete nobis expositis, per apostolica
scripta comittimus et mandamus, quatenus si est ita cum eisdem Thoma et
Margareta, ut, impedimento quod ex dicta consanguinitate provenit non
obstante, in dicto matrimonio remanere licite ualeant, auctoritate nostra
dispenses, prolem susceptam et suscipiendam ex huiusmodi matrimonio
legitimam nunciando. Datum apud Villamnouam, Auinionensis diocesis,
nil. kal. Junii, anno secundo. 1
1 From the Register of Miscellaneous Letters of Pope Itmoeent vi. at Rome.
238 MENTEITH CHARTERS. [1359.
28. Chaetee by King David the Second restoring the barony of Stragartnay
to Sie John of Menteith, knight. — 5th April [1359].
Dauid Dei gracia Eex Scottorum, omnibus probis hominibus tocius terre sue,
salutem : Sciatis quod cum nos alias per suggestionem quorundam terras de
Strongartnay cum pertinenciis, tunc infra vicecomitatum de Perth, nunc autem
infra vicecomitatum de Striuelyn, a Johanne de Meneteth, milite, consan-
gurneo nostra, tunc plenam et pacificam earundem terrarum possessionem
habente, in nostris manibus recepimus, et quondam Johannem de Loghi infeo-
dauimus nostris literis in eisdem : Beminiscentes memoriter, per nostrum con-
silium uerius informati, quod venerande memorie dominus pater noster easdem
terras cum pertinenciis, tanquam ipsum ex forisfacto quondam Johannis de
Loghy militis, patris eiusdem quondam Johannis de Loghy, contiugentes, dedit
hereditarie et concessit, ac carta sua quam vidimus confirmauit in liberam
baroniam quondam Johanni de Meneteth, militi, patri predicti Johannis de
Meneteth et Elene de Marr spouse eiusdem, nepti sue, coniunctim, et heredibus
eorundem, tanquam in puro ac libero maritagio, prout in carta predicta plenius
continetur ; ipsique in dicta baronia obierunt vestiti legittime et saisiti :
Vniuersitati vestre tenore presencium volumus esse notum quod nos dicto
Johanni de Meneteth, militi, consanguineo nostra, eumdern statum predicte
baronie de Strongartnay cum pertinenciis concedimus per presentes secundum
tenorem dicte carte, et ad talem possessionem omnino restauramus eum et
plane admittimus, quern statum qualemque possessionem habuit ante tempus
donacionis nostre dicto quondam Johanni de Loghy inde facte ; non obstante
donacione huiusmodi, nee dicto Johanni de Meneteth, militi, aut suis heredi-
bus preiudicium aliquod valente facere in futurum ; cum ipsam eciam inter
ceteras donaciones nostras alias factas in pleno parliamento nostra post
deliberationem nostram ab Anglia primo tento reuocauerimus, et tenore
1360.] FEUDS OF MENTEITHS AND DRUMMONDS. 239
presencium speeialiter reuocamus ; presertim considerato similiter, quod pre-
diction Johannem de Meneteth, militem, a statu et possessione terre sue
recuperate de iure nequaquam potuimus iuste deiicere, nisi recompensacione
debita alibi sibi facta : In cuius rei testimonium has literas nostras dicto
Johanni de Meneteth pro se et suis heredibus fieri fecimus patentes ; apud
Dunde, in consilio nostro tento ibidem, quinto die Aprilis, anno regni nostri
vicesimo nono.
29. Agreement between John of Drummond and John and Alexander
Menteith, after the slaughter of Walter, Malcolm, and William
Menteith.— 17th May 1360.
Anno ab Incarnacione Domini millesimo trecentesimo sexagesimo, die
Dominico, decimo septimo die mensis Maii, super ripam aque de Forth iuxta
Striuelyn, in presencia dominorum Eoberti de Erskyn et Hugonis de
Eglyntoun, iusticiariorum Scocie, et domini Patricii de Grame ac aliorum
plurium nobilium et proborum, inter Johannem de Dromud ex parte vna, et
Johannem de Meneteth et Alexandrum de Meneteth, fratres quondam Walteri
de Meneteth ex altera, omnibus inimicitiis hinc inde et dissensionibus sopitis,
finaliter fuit reformata concordia per hunc modum, videlicet : Quod pro emendis
occisionum dicti quondam AValteri de Meneteth, et Malcolmi ac Willelmi
fratrum eiusdem, et hominum ac adherentium eorundem cum eis vel alibi
vbicumque, per dictum Johannem de Dromud, homines seu adherentes suos,
interfectorum ; necnon pro omnibus feloniis, transgressionibus et dampnis,
per ipsum Johannem de Dromud, Mauricium fratrem suum, et Walterum de
Morauia, ac per quoscumque alios homines et adherentes eiusdem Johannis
de Dromud, vsque in diem confectionis presencium, predictis fratribus
omnibus et singulis, et parentibus,amicis,hominibus ac adherentibus eorundem
240 MENTEITH CHARTERS. [1360.
qualitercmnque perpetratis seu illatis, finaliter emendandis ; — idem Johannes
de Dromud, pro se et suis heredibus, dedit, concessit, et facta infeodacione per
cartam confirrnauit Alexandra de Meneteth supradicto et heredibus suis
totam terrain suam de Kosnef cum pertinenciis, infra comitatum de Leuenax,
cum clausula warrantie, prout in ipsa carta plenius continetur : Et concessit
expresse ex hoc pacto quod, licet in eadem carta fiat mencio de homagio et
seruicio secundum communem cartarum tenorem, dictus tamen Alexander
non tenebitur, pro tempore vite sue, sicut nee sui successores in posterum, ad
seruicium aliquod preter homagium atque sectam. Concessit quoque similiter
idem Johannes de Dromud, quod in casu quo dictus Alexander maluerit verum
et propinquiorem heredem dicti quondam Walteri fratris sui sibi in dicta
hereditate succedere, quam propriam prolem suam, licet earn habuerit de se
legittime procreatatn, ipsum heredem dicti quondam Walteri ad successionem
hereditariam dicte terre tanquam heredem assignatum dicti Alexandri in hoc
casu admittet, et ex nunc prout ex tunc, pro se suisque heredibus, dicto casu
contingente, admittit et acceptat pariter per presentes. Insnper et dictus
Johannes de Dromud in ampliacionem emendacionis omnium premissorum,
que propter bonum concordie sedari summe desiderat, pro se et heredibus suis,
necnon pro Mauricio fratre suo et pro Waltero de Morauia predictis, ac pro
quibuscumque aliis hominibus, parentibus, amicis et adherentibus suis, quos
restringere potest et tenetur, omnem animorum rancorem et motionem, ac
omnimodam actionem et sectam quas habuerunt dicto die vel habere potuerunt
aut habere vnquam poterunt in futurum, erga dictos fratres, heredes, parentes,
amicos, homines et adherentes suos, pro quibuscumque transgressionibus,
feloniis, dampnis et iniuriis, sibi et suis prenominatis illatis seu commissis in
personis vel bonis, occulte vel puplice, penitus et manifeste remisit : Obligando
se firmiter, fide data, quod dicti fratres et heredes sui, ac heredes dicti quondam
Walteri, necnon omnes et singuli parentes, amici, homines et adherentes
1360.] AGREEMENT BETWEEN MENTEITHS AND DRUMMONDS. 241
eorundem ant eiusdem quondam Walteri, quos ipsi fratres possunt astringere
et tenentur, ab ipso Johanne de Dromud, heredibus suis, necnon ab omnibus
prenominatis suis parentibus, amicis, hominibus et adberentibus, ac ab omni
procuracione sui sen suorum puplica vel occulta, pro quacumque felonia, trans-
gressione seu malefacto usque in dictum diem quomodolibet perpetratis, quos
scilicet idem Johannes potest astringere et tenetur, quieti erunt inperpetuum
et indempnes. Eciam dictus Johannes de Dromud concessit et manucepit
quod Ghillaspic et Kessanus dicti M c Ghillecharrik, Dounaldus filius Gilberti,
Duncanus filius Kegelli, et omnes alii qui fuerunt ad interfectionem Bricii
procuratoris, erunt specialiter pro dicta interfectione ac pro quibuscumque aliis
transgressionibus qualitercumque hucusque perpetratis, a dicto Johanne de
Dromud, Mauricio fratre suo, et Waltero de Morauia, ac ab omnibus et
singulis hominibus et adherentibus suis, quos ipse potest et tenetur astringere,
indempnes et quieti, nee procurabunt eis, puplice vel occulte, malum, molestiam
seu grauamen : Sed si aliqui alii de parentela voluerint eos prosequi pro morte
dicti Bricii, in forma iuris, licitum erit eis, sed dictus Johannes, frater suus
predictus, aut Walterus de Morauia, huiusmodi prosecutores, si qui fuerint,
clam uel palam, in hoc non manutenebunt in aliquo nee fouebunt. Similiter
et Finlaus filius Ay pro aliquo hucusque commisso indempnis erit a dicto
.Johanne de Dromud, Mauricio fratre suo, et Waltero de Morauia, ac aliis
suis hominibus, occulte vel puplice, quos ipse potest astringere in hoc casu.
E conuerso dicti fratres, Johannes et Alexander de Meneteth, pro se et suis
heredibus, ac pro heredibus dicti quondam Walteri, dictis Johanni de Dromud,
Mauricio fratri suo et Waltero de Morauia, ac omnibus et singulis aliis
parentibus, amicis, hominibus, et adherentibus eiusdem Johannis de Dromud,
omnem rancorem et motionem animorum suorum, ac omnem actionem et
sectam quas contra ipsos vel ipsorum aliquem habuerunt, vel habere potue-
runt aut poterunt in futurum, causa interfectionum dictorum fratrum suorum,
2 H
242
MENTEITH CHARTERS.
[13G0.
seu causa aliarum quarumcumque transgressionum, feloniarum, iniuriarum vel
dampnorum, vsque in eumdem diem confectionis presencium qualitercumque
perpetratarum, clam vel palam, manifeste et corditer in perpetuum remiserunt :
Obligando se similiter vice uersa,quod dictus Johannes de Dromud, et Mauxicius
frater eius, ac Walterus de Morauia, necnon omnes et singuli alii parentes,
amici, homines et adherentes eiusdem Johannis, quos ipse potest et tenetur
astringere, a dictis fratribus Johanne et Alexandro et heredibus suis ac
heredibus dicti quondam Walteri, ac ab omnibus et singulis aliis parentibus,
amicis, hominibus et adherentibus eorundem, quos ipsi possunt astringere et
tenentur ; atque ab omni perpetracione siue occulta vel puplica pro predictis
interfectionibus, ac pro quibuscumque aliis transgressionibus, feloniis siue
clampnis, usque in dictum diem qualitercumque patratis, indempnes erunt
penitus in perpetuum et quieti. Preterea Walterus de Buchanane, nepos
dicti quondam Walteri, pro se et suis heredibus, hominibus et adherentibus
vniuersis, dicto Johanni de Dromud et suis prenominatis, consimilium
remissionum, securitatum, indempnitatum et conuencionum pacta et federa,
quemadmodum et dicti fratres, sui auunculi, astringit firmiter et federat
fideliter per presentes. Excipiuntur tamen precise a dictorum fratrum con-
uencione et obligacione premissa, Ghillaspic Cambel et Colinus filius suus cum
hominibus eorundem, quos ad dictam securitatem seruandam predicti fratres
nequeunt alligare : Verum tamen ipsi duo fratres et dictus Walterus nepos
eorundem per hoc pactum se obligant, quod in casu quo predicti Ghillaspic et
Colinus vel eorum alter insurrexerint vel insurrexerit contra dictum Johannem
de Dromud et suos, et in eorum grauamen, ipsum Johannem insecuti fuerint
vel fuerit insecutus, ipsi cum tota sua potentia exurgent continuo cum dicto
Johanne in sui defensionem contra eos vel eum tanquam contra suscitatores
seu suscitatorem hostilitatis principaliter iam sopite ; et hoc facient tociens
quociens contigerit ita esse. Igitur presentem reformacionem concordie iidem
1 360.] AGREEMENT BETWEEN MENTEITHS AND DRUMMONDS. 243
fratres et Walterus nepos eorum predictus, pro se et suis heredibus, laudantes,
ratificantes et per omnia confirmantes, se et suos heredes obligant eamdem
seruare fideliter, et in nullo vnquani contrauenire aut dicere seu procurare,
occulte uel puplice, promittunt firmiter bona fide. Obligati sunt etiam dicti
fratres, ac nepos eorum predictus, quod statim cum verus et propinquior
heres dicti quondam Walteri ad legitimam etatem peruenerit, quod se de
iure valeat obligare, suas literas sub sigillo suo omnino consimiles presentibus
eumdem heredem facient suis propriis laboribus et expensis, dicto Johanni de
Dromud et suis heredibus reddi et libere liberari : Sic, scilicet, literas intelli-
gendo consimiles, quod consimiles remissiones, obligaciones, securitates et
federa faciat et recipiat dictus heres tunc temporis ; et quantumuis varientur
tunc forsitan nomiua loci, temporis, uel aliquarum personarum, ipse tamen
litere faciende literarum presencium tenorem habeant et sapiant intellectum.
Si vero dicti fratres Johannes et Alexander et dictus nepos suus, appropin-
quato tempore, hoc fieri non fecerint, eo ipso tota predicta terra de Eosnef,
cum pertinenciis ad dictum Johannem de Dromud et heredes suos irremissi-
bihter reuertetur ; etiam et dicti Johannes et Alexander ac Walterus erunt ex
tunc in posterum in statu quo fuerunt ante composicionem presentis tractatus.
Ceterum si quauis temeritate, seu maligni spem versutia suggerente, quod
absit, forte contigerit aliquem predictorum Johannis, Alexandri et Walteri,
presentem reformacionem concordie eatenus infringere, vt mortem inferat aut
inferri procuret persone dicti Johannis de Dromud aut Mauricio fratri suo,
vel dicto Waltero de Morauia, siue alicui heredum, parentum, hominum uel
adherentium dicti Johannis, propter aliquam causam uel motionem exortam
ante diem confectionis presencium ; ille qui tante perfidie auctor uel fautor
extiterit ex predictis, hoc statim probato per discussionem fidelium, semper
erit in posterum in omni curia et communione proborum infamis, reprobus et
periurus, ac ab omni honore armorum et militis depriuatus. Similiter et
244
ME NT E IT H CHARTERS.
[1360.
quicumque ex predictis Johanne et Alexandra fratribus ac Waltero, qui dicta
probacione facta non insurgat continuo cum dicto Jobanne de Dromud et
parte sua contra aliurn eorundem huius tractatus facti concorditer ac fidei
proprie infractorem totis viribus, eodem nomine censebitur, eademque animad-
uersione plectetur. Et specialiter cum boc, si dictus Alexander in boc casu
defectum fecerit, ex hoc ipsa terra de Eosnef cum pertinenciis ad dictum
Jobannem de Dromud et suos beredes in perpetuum reuertetur. Idcirco
finaliter, vt buiusmodi ignominiosa opprobria tamque periculosa grauamina
que ex infractione presentis concordie in tot personarum poteruut excitari
excidia deuitentur, et maxime ne vsque ad vnius eiusdemque generis exter-
minium discrimina intestina procedant, ambe partes predicte dictorum pro-
borum salubri frete concilio, semoto omnis sinistra suspicionis et simulacionis
scrupulo, in naturabs consanguinitatis affectum sese corditer amplectentes,
mutue dilectionis federa futuris sincerius duratura temporibus in solide
mentis constancia bilariter astrinxerunt ad inuicem, quam si non inualuisset
vnquam dissensio inter ipsas. Et ad premissa ergo omnia ac singula faci-
enda fideliter et firmiter obseruanda, quatenus tangunt et tangere possunt
personas memoratas singulatim, dicti Johannes et Alexander de Menetetb,
ac Walterus de Buchanane pro parte vna, et dicti Johannes de Dromud,
Mauricius de Dromud et Walterus de Morauia pro altera, tactis sacrosanctis
evangebis, corporalia prestiterunt personaliter iuramenta. Insuper dominus
senescallus Scocie, comes de Strathern, pro se et suis heredibus, tanquam prin-
cipalis parentele vtriusque partis predicte, ac domini comites de Douglas et de
Anegus, ac dominus Johannes de Menetetb dominus de Arane, dictis Johanni
de Dromud et Mauricio fratri suo ac Waltero de Morauia, et eorum paren-
tibus, hominibus et adherentibus quibuscumque, omnem motion em et ran-
corem animorum suorum erga eos conceptum pro morte quondam Walteri,
Malcolmi et Willelmi de Meneteth, predictorum consanguineorum ■ suorum,
1360.] AGREEMENT BETWEEN MENTEITHS AND DRUMMONDS. 2±5
ac omnem sectain et actionem quas erga eos ob hoc habuerunt uel habere
potuerunt sen poterunt in futururu, totaliter ad dictorum fratrum instanciam
et propter bonum concordie remiserunt. Et presentem tractatum concordie,
in omnibus et singulis suis punctis et articulis hinc inde initis, concessis et
affirmatis, ipsi pro se et suis heredibus laudabilem, acceptum atque perutilem
decernentes, et quatenus in eis est uel esse poterit confirmantes, manuceperunt
Tirmiter, et fide data efficaciter promiserunt pro se, scilicet, quilibet singulatim,
quod si contigerit presentem reformationem concordie in aliquo in ipso trac-
tatu expresso per alteram dictarum partium contra alteram infringi, quod
absit, hoc statim probato, ipsi cum sua potentia consurgent et consilio cum
parte ista cui infractio facta fuerit contra illam. Et in huius rei testimonium,
ac in maiorem evidenciam omnium premissorum, hiis literis duplicibus in pari
forma omnino confectis, videlicet, vni monumento pro qualibet parte predicta,
prefati domini sua sigilla fecerunt apponi : Monumento vero seu literis penes
dictum Johannem de Dromud remaneutibus, dicti Johannes et Alexander
de Meneteth, ac Walterus de Buchanane, sua apposuerunt sigilla in testi-
monium premissorum : Illi quidem monumento seu literis penes dictos
fratres Johannem et Alexandrum de Meneteth remanentibus, Johannes de
Dromud, Mauricius f rater ejus, et AValterus de Morauia, sigilla sua appo-
suerunt in testimonium eorundem. Vlterius etiain extitit concordatum,
quamuis non sit expressum superius in loco magis competenti, quod in casu
quo dictus Johannes de Meneteth, uel dictus Walterus nepos suus, pro aliqua
causa uel motione exorta usque presens, dicto Jobanni de Dromud, uel
Mauricio fratri suo, siue dicto Waltero de Morauia, aut alicui heredum,
hominum, parentum uel adherencium eorundem, mortem intulerit quauis
maligna suggestione, quod absit ; seu in casu quo non insurrexerit cum
eisdem contra ilium ex ipsis qui tantum facinus perpetrauerit, prout conti-
netur magis clare superius in clausula ; ceterum statim hoc facto et probato,
246
MENTEITH CHARTERS.
[1360.
vt ibidem dicitur, dicta terra de Rosnef ad dictum Johannem de Dromud et
heredes suos pure et in perpetuum reuertetur, quemadmodum fieri pro facto
Alexandri de Meneteth in prefata clausula dictum fuit. Et ad magis mani-
festam atque auctenticam noticiam omnium et singulorum punctorum et
articulorum contentorum in presenti tractatu, et ad perpetuam persistenciam
eorundem, eedem partes predicte subscripcionem, attestacionem et signum
publici tabellionis subscripti presentibus Uteris duplicibus tanquam indentatis,
vni pari earundem, videlicet, penes alterutram dictarum partium remauenti,
fecerunt et requisiuerunt ibidem inseri et inscribi, vna cum sigillis dictorum
dominorum atque suis. Acta et data, anno, die et loco predictis.
30. Charter of Confirmation by King David the Second to John
Drummond of Concrag, of the lands of Aberfoil. — 12th November
[1361]. 1
Dauid Dei gracia Eex Scottorum, omnibus probis hominibus tocius terre sue,
clericis et laicis, salutem : Sciatis nos approbasse, ratificasse, et hac presenti
carta nostra confirmasse donacionem illam et concessionem, quam Margareta
de Morauia comitissa de Meneteth fecit et concessit dilecto et fideli nostra
Johanni de Dromynd de . Concrag, de terra de Abirfwll cum pertinenciis,
infra comitatum de Meneteth : Tenenda et habenda predicto Johanni et
proli inter ipsum et dictam comitissam procreate, ac heredibus eiusdem
prolis, et assignatis, cum omnibus libertatibus, commoditatibus, aysiamentis, et
iustis pertinenciis quibuscunque, ad dictam terram spectantibus, seu quoquo
modo iuste spectare valentibus in futurum, adeo libere et quiete, plenarie,
integre et honorifice, in omnibus et per omnia, sicut carta predicte comitisse
eidem Johanni exinde facta in se plenius iuste continet et proportat : Saluo
1 Original Charter at Drummond Castle.
1361.] THE EARL OF MENTEITH RESIGNS BARNEBUGALE. 247
seruicio nostro : In cuius rei testimonium presenti carte confirmacionis
nostre sigillum nostrum precepimus apponi : Testibus, venerabilibus in
Christo patribus, "Willelmo episcopo Sancti Andree, et Patricio episcopo
Brechynensi, cancellario nostro, Eoberto Senescallo Scocie, comite de
Stratherne, nepote nostro, Waltero Moygne et Waltero de Halyburtoun,
militibus ; apud Sconam, duodecimo die Nouembris, anno regni nostri
tricesimo secundo.
31. Charter by King David the Second to Bartholomew of Loen, knight,
and Philippa of Mowbray, his spouse, of the barony of Barnebugale,
on the resignation of John Graham, Earl of Menteith, and Maria, his
spouse. — 6th January [1361].
Dauid Dei gracia Eex Scottorum, omnibus probis hominibus tocius terre sue,
clericis et laicis, salutem : Sciatis nos dedisse, concessisse, et hac presenti
carta nostra confirmasse dilecto et ficleli nostro Bartholomeo de Loen, militi,
pro homagio et fideli seruicio suo nobis impenso et impendendo, ac nostre
dilecte consanguinee Philippe de Movbray sponse sue, totam baroniam de
Barnebugale cum pertinenciis, infra vicecomitatum de Edynbwrgh in consta-
bularia de Lynlithcu; quam baroniam cum pertinenciis, Johannes de Grahame,
comes de Meneteth, et Maria sponsa sua, non vi aut metu ducti, nee errore
lapsi, sed mera et spontanea voluntate sua, nobis apud Perth, in consilio
nostro ibidem tento, tercio die mensis Maij, anno regni nostri decimo septimo,
pure et simpliciter per fustum et baculum sursum reddiderunt, ac totum ius
et clameum quod in - dicta baronia cum pertinenciis habuerunt et habere
potuerunt in futurum, pro se et heredibus suis, omnino quietum clamauerunt
et in perpetuum resignarunt, pro acquietancia et remissione a nobis petita et
optenta de duobus millibus marcarum sterlingorum bonorum et legalium in
248
UENTEITH CHARTERS.
[1361
quibus supradicti Johannes et Maria racione maritagii et releuii nobis
strictius tenebantur : Tenendam et habendam eisdem Bartbolomeo et
Philipe sponse sue, heredibusque eoruni et assignatis, de nobis et heredibus
nostris, in feodo et hereditate, per omnes rectas metas et diuisas suas, in boscis
et planis, vijs et semitis, aquis, stagnis, molendinis, multuris et eoruni sequelis,
in aucupacionibus, venacionibus et piscariis, vna cum seruicijs libere tenen-
cium dicte baronie, et cum omnibus alijs et singulis libertatibus, commodita-
tibus, aysiamentis et iustis pertinenciis quibuscunque ad dictam baroniam
cum pertinenciis pertinentibns, seu quoquo modo iuste spectare valentibus in
futurum, adeo libere et quiete, plenarie, integre, et bonorifice, in omnibus et
per omnia, sicut predicti Johannes et Maria aut aliqui alii heredum de
Movbray aliquo tempore dictam baroniam cum pertinenciis quiecius tenuerunt
seu honorabilius possederunt : Eeddendo nobis et heredibus nostris ipsi Bar-
tholomeus et Philippa, eorumque heredes et assignati, seruicium vnius sagit-
tarii siue architenentis, cum et qnando super hoc fuerint requisiti, pro omni alio
seruicio seculari, exactione seu demanda : Et si contingat, quod absit, aliquem
vel aliquam heredum vel assignatorum Johannis et Marie snpradictorum,
aliquo tempore in futurum huiusmodi eorum rennnciacionem siue presentem
nostram donacionem contradicere, aut ad huius eneruacionem aliquid
attemptare, volumus quod, ante omnem litis ingressum per eum vel earn,
cuiuscunque condicionis existat, Bartholomeo et Philippe predictis eorumve
heredibus aut assignatis plenarie et integraliter satisfiat de duobus millibus
marcarum supradictis : Et ad huiusmodi satisfactionem firmius fiendam, sine
nostra vel heredum nostrorum licencia liceat eisdem comitatum de Meneteth
ac omnia bona in eodem reperta distringere, et ad vsus proprios applicare,
donee de duobus millibus marcarum supradictis plenarie fuerit satisfactum,
prout in pacto inter nos et eosdem facto et expressato, comitatus predictus
strictius ad hoc extitit obligatus : In cuius rei testimonium presenti carte
1362.] LANDS OF DRUMMOND IN STRATHERN. 249
nostre sigillum nostrum precepimus apponi; testitms, venerabilibus in Christo
patribus, Willelmo episcopo Sanctiandree, et Patricio episcopo Brechynensi,
cancellario nostra, Roberto Senescallo Scocie, comite de Stratherne, nepote
nostro, Patricio comite Marchie et Morauie, Arclaibaldo de Douglas, et
Joharme Heryce, militibus ; apud Abirbrothock_. sexto die Januarii, anno regni
nostri tricesimo secundo.
32. Charter by Robert the Steward of Scotland and Earl of Strathern
to Maurice of Drummond, of the lands of Drommane and Tulychravin.
—Circa 1362. 1
Omnibus hanc cartam visuris vel audituris, Robertus Senescallus Scocie ac
comes de Stratherne, salutem in Domino sempiternam. Noueritis nos dedisse,
concessisse et hac presenti carta nostra confirmasse Mauricio de Drom-
munth, consanguineo nostro, dominicales terras nostras de Drommane et de
Tulychravin cum pertinenciis, infra comitatum de Stratherne : Tenendas et
habendas eidem Mauricio, heredibus suis et assignatis, de nobis et heredibus
nostris, in feodo et hereditate imperpetuum, libere, quiete, plenarie et in pace,
per omnes antiquas rectas metas et diuisas suas, videlicet, in boscis, planis,
aquis, stagnis, viis, semitis, moris, maresiis, pratis, pascuis, venacionibus,
aucupacionibus et piscacionibus, multuris, rnolendinis et eorum sequelis,
fabrinis, bracinis et ceteris huiusmodi officinis, et cum omnimodis aliis
libertatibus, commoditatibus, aysiamentis et iustis pertinenciis, tarn non
nominatis quam nominatis, in omnibus et per omnia, tarn sub terra quam
supra terrain, ad dictas terras cum pertinenciis spectantibus seu quoquo modo
spectare valentibus in futurum : Reddendo inde nobis et heredibus nostris
dictus Mauricius, heredes sui et assignati, vnum par calcarium deauratorum
1 Original Charter at Drummond Castle.
2 I
250 MENTEITH CHARTERS. [1362.
nomine albe firme, tantum si petatur, annuatim, pro omnimodo seruicio
seculari, exaceione seu demanda, que de dictis terris cum pertinenciis per
nos seu heredes nostros quoquo modo exigi poterunt vel requiri : Nos
vero Eobertus Senescallus Scocie ac comes de Stratherne et heredes nostri
dictas terras cum pertinenciis prenominato Mauricio, heredibus suis [et]
assignatis, contra omnes homines et feminas warrantizabimus, acquietabimus
et imperpetuum defendemus. In cuius rei testimonium presenti carte nostre
apponi fecimus sigillum nostrum, apud Methfen ; testibus, dominis Johanne
Senescalli, fratre nostro, Hugone de Eglintun, Thoma del Fauside, militibus,
Waltero Olifaunt, Johanne de Eoos et Hugone de Eoos et multis aliis.
33. Letter of Bailiery by Eobert Steward of Scotland and Earl of
Strathern, with consent of his eldest son, John Stewart, Earl of
Carrick, to Allan of Lauder, over his lands in Berwickshire, to
which Eobert Stewart, Lord of Menteith, is a witness. — 16th
October 1369.
Omnibus hoc scriptum visuris vel audituris, Eobertus Senescallus Scocie,
comes de Stratherne et baro baronie de Eenfrewe, salutem in Domino sem-
piternam : Noueritis nos de consensu dilecti primogeniti nostri et heredis,
Johannis Senescalli, comitis de Carryke, fecisse, constituisse et per presentes
ordinasse dilectum nostrum et fidelem Alanum de Lawedir, tenentem nostrum
de Whytslade, balliuum nostrum de omnibus terris et tenandriis subscriptis,
videlicet, de Byrkynsyde, Ligeardwod, Morystoun, "Whytslade et Auldynstoun
cum pertinenciis, que de nobis tenentur, in capite, infra vicecomitatum de
Berwico-super-Twedam : Dantes eidem Alano et heredibus suis, tenentibus
nostris de "Whytslade, pro nobis et heredibus nostris, baronibus de Eenfrewe,
1371.] ROBERT STEWART, LORD AND EARL OF MENTEITH. 251
nostram pleuariam potestatem curias nomine nostra de tenandriis predictis
tenendi, quum sibi placuerit, et in quo loco infra dominium nostrum predic-
tum, excessus puniendi, homines infra dictas terras manentes quociens opus
fuerit ad libertates nostras replegiandi, forisfacturas et escaetas, wardas cum
maritagiis et releuia cum contigerint, nomine nostro recognoscendi, terras
assedandi, firmas et ann[u]os redditus leuandi, et pro eisdern ad libitum suum
disponendi, ac omnia alia et singula faciendi que ad officium veri balliui de
iure vel consuetudine pertinere dinoscuntur : Eatum et gratum habentes et
habituros pro nobis et heredibus nostris imperpetuum quicquid predictus
Alanus et heredes sui in dicto officio nomine nostri et heredum nostrorum
duxerit vel duxerint faciendum, ac si mandatum exigat speciale. In cuius
rei testimonium, sigilluni nostrum, vna cum sigillo dilecti primogeniti nostri
et heredis predicti, presenti scripto fecimus apponi, apud villain de Perth,
sextodecimo die mensis Octobris, anno Domini millesimo tricentesimo sexa-
gesimo nono ; hiis testibus, Eoberto Senescalli, domino de Menteth, filio nostro
karissimo, dominis Johanne Senescalli fratre nostro, Johanne de Danyel-
stoun, Johanne de Lindesay de Cragy, Johanne de Lyl et Adam de Foulertoun,
militibus, Johanne Walas de Eicartoun, Johanne de Maxwel, Eoberto de
Howstoun, et multis aliis.
34. Indenture between Sir Eobert Stewart, Earl of Menteith, and
Isabella Countess of Fife. — 30th March 1371.
Hec indentura testatur quod apud Perth, penultimo die mensis Marcii anno
Domini millesinio ccc mo septuagesimo prirno, ita conuentum est et concordatum
inter nobilem virum, dominum Eobertum Senescalli comitem de Meneteth,
ex parte vna, et nobilem dominam, dominam Isabellam eomitissam de Pyff,
ex parte altera ; videlicet, quod idem dominus comes, quern dicta domina
252 MENTEITH CHARTERS. [1371.
comitissa suum verum et legitimum heredem apparentem recoguoscit, tam per
talliacionem factam per bone memorie dominum Duncanum comitem de Eyff,
patrem dicte domine comitisse, domino quondam Alano comiti de Meneteth,
auo domine Margarete, sponse dicti domini Eoberti nunc comitis eiusdem,
quani per talliacionem per ipsam dominam Isabellam comitissam de Fyff et
quondam Walterum Senescalli, fratrem dicti domini Eoberti comitis de
Meneteth, maritum suum, factam comiti supradicto, totam suam diligenciam
et omnes vires suas fideliter apponet ad recuperandum eidem comitisse
comitatnm de Fyff, quern ipsa vi et metu ducta alias resignauit : Et tam in
hoc quani in omnibus aliis que ipsam dominam comitissam concernunt, idem
comes ipsam iuuabit et fortificabit, et se eidem tanquam matri sue amicabilem
et tenerum exhibebit : Ac dicto comitatu recuperate et possessione dicti
comitatus eidem comitisse adepta, statim ipsa dictum comitatum resignabit
in manu domini regis, ad infeodandum ipsum dominum comitem de eodem ;
qui statum et saysinam feodi dicti comitatus incontinenti recipiet, ducatumque
et dominium hominum dicti comitatus habebit, vardas, releuia, maritagia,
escaetas, et singula alia que ad comitem de Fyff pertinere debentur, percipiet,
cum contingent : Curie vero dicti comitatus per senescallum tenebuntur,
quarum exitus contingentes de hominibus inhabitantibus terras de quibus
ipsa comitissa firmas recipiet, hec habebit ; idem vero comes de omnibus aliis
tenentibus et forinsecis recipiet et habebit : Et sciendum est quod dicta
domina comitissa liberum tenementum terrarum dicti comitatus existencium
extra terciam partem dominam Mariam comitissam de Fyff, matrem dicte
domine Isabelle contingentem, libere habebit, pro toto tempore vite sue, in
assedacione et firmarum leuacione, cum aueragiis et cariagiis et ceteris
minutis seruiciis debitis et consuetis ; sic quod dicta domina comitissa et
predicta mater sua omnes illas terras habeant, quas die sue resignacionis in
earum possessionibus habuerunt et in suis rentalibus nominatas ; saluis dicte
1371.] AGREEMENT WITH ISABELLA COUNTESS OF FIFE. 253
matri sue illis terris que post resignacionem suam predictam sibi fuerunt in
terciam legitime assignate : Et si contingat dictum dominum comitem
aliquas terras alienatas ante resignacionem per dictam dominam comitissam
vi et metu factam, ut predicitur, infra dictum comitatum vel extra aliqualiter
recuperare, omnes illas terras idem dominus comes penitus habebit, de
quibus dicta domina comitissa liberum tenementum non babebit, nee firmas
percipiet aliquas de eisdem, nee dicte matri sue tercia net inde : Et dicta
domina Maria comitissa mortua, idem conies totam terciam partem dicti
comitatus babebit, de qua dicta domina Isabella comitissa liberum tenemen-
tum non babebit, nee se de eadem aliqualiter intromittet : Concordatum est
eciam quod dictus dominus comes turrim de Falcland, cum foresta eiusdem,
infra suam custodiam babebit, et constabularius ibidem per ipsum ordinabitur
et remouebitur, ut ei placeat ; infra quam turrim dicta domina comitissa
moram trahet, cum voluerit ; que si et quando de dicto constabulario con-
questa fuerit, per ipsum dominum comitem, vel ipso cum premunitus fuerit
accedere non valente, per dominum Alexandrum de Lindesay, cognicio fiet,
et idem constabularius, si deliquerit, vel remouebitur, vel alias punietur,
prout delicti qualitas postulabit : Preterea, tota villa de Falcland iuxta turrim
predictam eidem domino comiti assedabitur, pro tanta firma pro quanta
assedatur die confectionis presentis indenture, sic quod cum ibidem aduenerit,
hospicium pro se et eqiiis suis ibidem babeat, et aliis terris non noceat ipsius
domine comitisse : Et ad hec omnia bine inde fideliter obseruanda vtraque
pars se per suum iuramentum corporaliter prestitum firmiter obligauit : In
quorum omnium testimonium partibus huius indenture hinc inde remanenti-
bus sigilla predicti domini comitis et predicte domine comitisse altrinsecus
apponuntur, vna cum signo et subscriptione notarii hie subscripti : Acta [et]
data, loco, die et anno supradictis ; hiis testibus, cum publico notario, videlicet,
probis viris, dominis Hugone de Eglintoun, Roberto Senescalli, vicecomite
254
MENTEITH CHARTERS.
[1371.
de Perth, militibus ; domino Stephano archidiacono ecclesie Brechinensis,
Mauricio de Dromrnunde, Thoma Sibald, testibus ad premissa vocatis.
TRANSLATION.
35. Indentuee between Sib Eobeet Stewaet, Eael of Menteith, and
Isabella Countess of Fife. — 30th March 1371.
This indenture bears witness that, at Perth, on the penult day of the month
of March in the year of our Lord one thousand three hundred and seventy-
one, it was accorded and agreed between a noble man, Sir Robert Stewart,
Earl of Menteith, on the one part, and a noble dame, Dame Isabella, Countess
of Fife, on the other part, as follows : namely, that the said Sir Earl, whom
the said Dame Countess recognises as her true and lawful heir-apparent, as
well by the entail made by Sir Duncan, Earl of Fife, of good memory, father
of the said Dame Countess, in favour of the late Sir Alan, Earl of Menteith,
grandfather of Dame Margaret, spouse of the said Sir Robert, now Earl of the
same, as by the entail made by the said Dame Isabella, Countess of Fife, and
the late Walter Stewart, brother of the said Sir Robert, Earl of Menteith, her
husband, in favour of the above-said Earl, shall faithfully apply all his
diligence and all his influence for recovering to the said Countess the
Earldom of Fife, which she, induced by force and fear, formerly resigned :
And in this, as in all other matters that concern the said Dame Countess,
the said Earl shall assist and support her, and show himself loving and
gentle to her as if she were his mother : And upon the said earldom being
recovered, and possession of the said earldom obtained by the said Countess,
she shall immediately resign the said earldom into the hands of our lord the
king for infefting the said Sir Earl therein; who shall forthwith receive
state and sasine of the fee of the said earldom, and shall have the leadership
1371.] THE EARL OF MENTEITH TO BE ALSO EARL OF FIFE. 255
and lordship of the men of the said earldom ; and shall uplift, when they
occur, the wards, reliefs, marriages, escheats, and all others which ought to
belong to the Earl of Fife : But the courts of the said earldom shall be held
by the steward; and the said Countess shall have the issues arising from
the inhabitants of the lands of which she shall receive the maills : But the
said Earl shall receive and have them from all other tenants and strangers :
And be it known that the said Dame Countess shall freely have, during her
whole lifetime, the frank-tenement of the lands of the said earldom not
included in the third part belonging to Dame Mary, Countess of Fife, mother
of the said Dame Isabella, in tack and uplifting of the fermes, with arriages
and carriages and other minor services used and wont ; so that the said Dame
Countess and her foresaid mother shall have all those lands which they had
in their possession, and specified in their rentals, on the day of her resigna-
tion ; reserving to her said mother those lands which were lawfully assigned
to her in terce, after her foresaid resignation : And if it happen that the said
Sir Earl in any way recover any lands alienated before the resignation made
by the said Dame Countess through force and fear as aforesaid, within or
without the said earldom, the said Sir Earl shall wholly possess all those
lands, and the said Dame Countess shall not have the frank-tenement thereof
nor receive any fermes of the same, nor shall terce accrue therefrom to her
said mother : And on the death of the said Dame Mary, Countess, the said
Earl shall possess the whole third part of the said earldom ; and the said
Dame Isabella, Countess, shall not have the frank- tenement thereof, nor in
any way intromit with the same : It is also agreed that the said Sir Earl
shall have in his keeping the tower of Falkland, with the forest thereof ; and
the constable there shall be appointed and removed by him at his pleasure ;
and within that tower the said Dame Countess shall stay when she shall
wish to do so : And if at any time she shall have made a complaint respect-
256
ME NT E IT H CHARTERS.
[1371.
ing the said constable, an inquiry shall be made by the said Sir Earl, or (if
he shall be unable to come when warned) by Sir Alexander of Lindsay ; and
the said constable, if he be in fault, shall either be removed or otherwise
punished, as the nature of the offence shall require : Moreover, the whole
town of Falkland near the tower foresaid, shall be set in tack to the said Sir
Earl for as much maill as it is set for on the day of the making of the present
indenture ; so that when he shall come there, he may have lodging for himself
and his horses there, and not injure the other lands of the said Dame
Countess. And for all these conditions being faithfully observed on both
sides, both parties have strictly bound themselves by their oath personally
given. In witness of all which, the seals of the foresaid Sir Earl and of the
foresaid Dame Countess are appended interchangeably to the copies of this
indenture remaining with both parties, together with the sign and subscrip-
tion of the notary here subscribed. Done and given, place, day, and year
above mentioned, in presence of these witnesses, along with the notary
public, namely, honourable men, Sir Hugh of Eglintoun, Sir Eobert Stewart,
sheriff of Perth, knights, Sir Stephen, archdeacon of the church of Brechin,
Maurice of Drummond, aud Thomas Sibald, witnesses called to the premises.
36. Obligation by Sir Patrick or Graham, son of Sir David Graham of
Dundaff, to support a Chaplain for the Church of Dumbarton. — 10th
February 1372. 1
Omnibus ad quorum noticiam presentes litere peruenerint, Patricius de Graym,
films et heres domini Dauid de Graym, militis, domini de Doundaff, salutem
in Domino sempiternam : Nouerit vniuersitas vestra me teneri et per presentes
firmiter obligari ad inueniendum et sustentandum vnum capellanum suffi-
cientem, cum omnibus necessariis ornamentis ad eum spectantibus, diuina in
1 Original Charter in Dumbarton Charter-chest.
1372.] SIR PATRICK OF GRAHAM OF DUNDAFF. 257
ecclesia parochiali de Donbrethan, apud altare sancte cruris, pro anirna
Ysabelle Flemyng quondam domine de Dalnottyr, et animabus parentum
suorum, ac ipsius prolis, necnon et omnium fidelium defunctorum perpetuo
celebraturum ; propter quod onus subeundum predicta Ysabella milii dedit et
concessit hereditarie terras infrascriptas, videlicet, terram de Kyllemonethdam
et Kyllerman, Ysabelle Flemyng adiacentes, in comitatu de Leuenax, quas
ex donacione et concessione hereditarie predicte Ysabelle Flemyng liabui et
possedi, prout habeo et possideo pro dicto onere, ut premittitur, subeundo : Et
si contingat, quod absit, me vel heredes meos aut assignatos seu successores
quoscunque predictum capellanum non inuenire modo et forma quibus ut
supra, obligo me, heredes meos et successores aut assignatos quoscunque, in
viginti libris sterlingorum, nomine pene, fabrice maioris ecclesie Glasguensis
et luminari magni altaris eiusdern ecclesie per equales portiones soluendis et
diuideudis, quociens tociens me vel heredes meos aut assignatos siue succes-
sores quoscunque de facto in dicto pacto siue conuencione contigerit deficere,
principaU conuencione siue pacto nihilominus in suo robore permanente, nisi
predicte terre per communem guerram fuerint destructe ; qua cessante, dictus
dominus Patricius non soluet dicto capellano nisi quantum de dictis terris
receperit, quousque dicta terra sit sufficiens in redditibus ad inueniendum
vnum capellanum sufhcientem : Obligo me, heredes meos et successores quos-
cunque, in omnibus et per omnia, ad inueniendum et sustentandum capellanum
predictum, prout in hac litera s\iperius continetur ; subiciens me, heredes
meos et successores, quantum ad premissa inuiolabiliter de cetero obseruanda,
jurisdictioni et cohercioni domini episcopi Glasguensis qui pro tempore fuerit,
vel ipsius officiali, aut, sede vacante vel episcopo in remotis agente, decanis
capituli predicte ecclesie Glasguensis. In cuius rei testimonium parti huius-
modi conuencionis penes dictam Ysabellam Flemyng remanenti sigillum pre-
dicti domini Patricii, vna cum sigillo officialitatis curie Glasguensis, in robor
2 K
25S MENTEITII CHARTERS. [1372.
et testimonium omnium premissorum, presentibus sunt appensa ; parti vero
penes predictum dominuni Patricium de Graym remanenti sigillum predicte
Ysabelle Flemyng, vnacum sigillo officialitatis curie Glasguensis, in robor et
testimonium omnium premissorum, presentibus sunt appensa. Datum apud
Glasguam, decimo die mensis Februarii, anno Domini millesimo cec mo septua-
gesimo secundo.
37. Indenture between Kobert Stewart, Earl of Fife and Menteith, and
Margaret his Wife, and Sir Bertold de Loen and Philippa Moubray
his Wife, as to the marriage of David de Loen and Janet Stewart. —
20th July 1372. 1
Hec Indentura testatur quod apud Edenburgh, vicesimo die mensis Julii,
anno Domini millesimo tricentesimo septuagesimo secundo, inter nobilem
dominum et potentem dominum Eobertum Senescalli, comitem de Fife et
de Menteth, nobilem dominam, dominam Margaretam sponsam suam, ex parte
vna, et nobilem virum dominum Bertoldum de Loen, militem, dominum
Barnebugall, dominam Philippam de Movbray sponsam suam, ex parte altera,
super maritagio contrahendo inter Dauid, filium et heredem dictorum Bertoldi
et Philippe, ac Jonetam Senescalli, filiam dicti dommi Eoberti Senescalli,
comitis de Fife et de Menteth, et domine Margarete sponse sue, in forma que
sequitur extitit concordatum : Videlicet, quod dictus Dauid ipsam Jonetam per
Dei graciam ducet in vxorem, et dicti Bertoldus et Philippa, tarn diu ■vixerint,
ministrabunt et facient ministrari dictis Dauid et Jonete de omnibus neces-
sariis ita quod honeste sustententur : Et si forte dicti Dauid et Joneta
coniunctim matrimonio legitime, post decessum dictorum Bertoldi et Philippe,
superstites extiterint, dicti Dauid et Joneta eorumque alter diucius viuens,
et heredes inter ipsos legitime procreandi, tota et integra hereditate dictos
1 Original in H. M. General Register House, Edinburgh.
1.372.] LADY JANET STEWART, DAUGHTER OF THE EARL. 239
Bertoldum et Philippam sponsam suam racione dicte sponse contingente
hereditarie congaudebunt ; ita semper quod ipsis Dauid et Joneta ac suis
heredibus predietis forte deficientibus, tota ipsa bereditas ad ipsius Philippe
heredes legitimos plene et integre reuertatur : Preterea si contingat quod,
matrimonio inter ipsos Dauid et Jonetam in facie ecclesie complete, viuen-
tibus ipsis Bertoldo et Philippa, dictus Dauid diem clauserit extremum,
assignabuntur, et statim mortuo dicto Dauid, fient dicte Jonete quadraginta
librate sterlingorum terre cum pertinenciis, infra baroniam de Barnebugall, ad
sustentacionem ipsius Jonete pro toto tempore vite sue : Insuper quod si
Bertoldus, Pbilippa et Dauid diem clauserint extremum, et dicta Joneta com-
pleto matrimonio ut prefertur superuixerit, ipsa Joneta post mortem ipsorum
totam hereditatem ipsos Bertoldum et Philippam contingentem pro toto
tempore vite sue possidebit, et ipsa Joneta defuncta, statim dicta bereditas
totalis ad heredes dicte Philippe reuertetur. Item concordatum extitit inter
predictos dominum Eobertum Senescalli, comitem de Fife et de Menteth,
et Bertoldum, quod dictus dominus Bobertus comes cum totis suis consilio
et auxilio iuuabit ipsum Bertoldum, et laborabit ad faciendum eundem
Bertoldum recuperare omnes terras hereditarias, quas ipse Bertoldus, racione
sue sponse predicte, iure hereditario infra regnum Scocie vendicare voluerit
vbicunque. Et ad hec omnia et singida tenenda, firmiter obseruanda, et omnia
fideliter perimplenda, prefate partes sese obligauerunt ad inuicem bona
fide modo quo potuerunt meliori. In quorum testimonium, parti huius
scripti per modum indenture facti, penes prefatos Bertoldum et Philippam
remanenti, sigilla dictorum domini Boberti Senescalli, comitis de Fife et de
Menteth, et domine Marga,rete sponse sue, sunt appensa ; parti uero penes
eosdem dominum Eobertum Senescalli comitem et Margaretam sponsam
suam remanenti, sigilla predictorum domini Bertoldi et domine Philippe
sponse sue apponuntur, loco, die et anno supradictis.
260 MENTEITH CHARTERS. [1375.
38. Bond of Maintenance by Robert Stewart, Earl of Fife and
Menteith, in favour of Sir Bertold of Loen, knight. — 25th
November 1375. 1
Omnibus has literas visnris vel auditnris, Eobertus Senescalli comes de
Fyfe et de Meneteth, salutem in Domino : Nouerit vniuersitas vestra quod
fideliter promittimus et bona fide obligamus nos, cum toto nostro consilio
et auxilio, ad adiuuandum dominum Bertoldum de Loen, militem, ad laboran-
dum et faciendum eundem Bertoldum recuperare omnes terras hereditarias
quas ipse Bertoldns racione domine Philippe de Movbray, sponse sue, iure
hereditario infra regnum Scocie vendicare voluerit vbicunque ; ac eciam
eundem Bertoldum in omnibus suis iustis possessionibus adiuuabimns et
manutenebimns contra omnes homines, excepto domino nostro Bege, et exceptis
dominis fratribus nostris, ac dominis Comite cle Dowglas, Jacobo filio suo,
Archebaldo de Dowglas, militibus, et causa nostra propria. In cuius rei
testimonium, presentibus sigillum nostrum fecimus apponi ; apud ca.strum de
Striuelyne, vicesimo quinto die mensis Nouembris, anno Domini millesimo
trecentesimo septuagesimo quinto.
39. Indenture by Andrew Mercer, lord of Mekylhour, between Bobert
Earl of Fife and Menteith and John of Logy as to the lands of Logy
and Stragartnay. — [15th May] 1385. 2
Tyl al that thir lettrys herys or seys, Androw Mercer, Lorde of Mekylhour,
gretyng in God ay lestand : Tyl yhur vniuersite be wyttyn, that my redoutyt
lorde, Syr Bobart Stewart, Eryl of Fyfe and Menteth, and Jon of Logy, squyer,
the sune and the ayre of Syr Jon of Logy, knycht, of thair fre wyl, nane beand
present bot we thre before nemnyt, put in myne ordenans al the debate and
1 Original Bond in H. M. General Register 2 Original Indenture in Logiealmond Char-
House, Edinburgh. ter-chest.
'tttSauyrfetyt
efGcUC*
1385.] ROBERT EARL OF MENTEITH AND JOHN LOGY. 261
the questyoun - that wes betwene thaim for the landys of Logy and Stra-
garthay ; and hwevyr that I ordaynyt and determynyt thaim to do, the for-
sayde Syr Eobart and Jon faythfully heht, strekand thair handys in myne,
bodely makand gude fayth that thai sulde halde sekir, ferme, and stabyl ; and
this ilke forsayde cunand made apon this cause before wrytyn, the forsayde
Syr Eobart and Jon reuuleyt and afermit, in the presens of myne excellent
Prynce, Eobart thrw the grace of God Kyng of Scotland, and his eldest sune
Jon Eryl of Carryke, Maystir Dunckane Petyte, Ersdene of Murrefe, and
Thomas of Eate ; and in the tyme that I the forsayde Androw assentyt to
resayue this cause before wrytyn in myne ordenans, and thairof to gyf iuge-
ment be the recorde of my twnge, I made bodely fayth it ryhtwysly to deme ;
and I the forsayde Androw iuge betwene the forsayde Syr Eobart and Jon, of
thair fre assent, as is before wrytyn, I avysyt and vrnbethoht, hafand ee to
mesur and rychtwysenes, consyderand to lete mykyl yl scath and grete sclandyr,
yharnand thair endeful and tendyr frenschepe, forsuth determynyt thaim fully
tyl acorde eftyr the tenur of certane endentarys and obligacions, the qwylk I
ordaynyt thaim to sele ; and tharatowr for syndry dowtis, I ordaynyt the
forsayde Syr Eobart frely to delyvyr and than presently vp to gyf to the
forsayde Jon al the landys of Logy and of Stragartnay before wrytyn, and
throw vertu of bodely fayth at the forsayde Syr Eobart and Jon wes
oblyste lelly to fulfyl and trewly to halde my determinacyon and ordenans
of the cause before wrytyn, the forsayde Syr Eobart forsuth, throw vertu of
the forsayde obligacyon rycht than presently frely delyueryt and vpgefe,
wyth staf and styk, to the forsayde Jon the landys before nemnyt ; qwheu
that wes done, I ordaynyt the forsayde Syr Eobart to gyf his trowth to the
forsayde Jon, and the forsayde Jon to gyf his trowth to the forsayde Syr
Eobart, beand to thaim baith in vertu of sylk aht as is wytnest in thair
endenturys, lelly to halde ferme and stabyd al thyng thar determynyt,
262
MENTEITH CHARTERS.
[1385.
ordaynyt and dune ; the qwhylk trowthys thai gefe bodely ilkane tyl othyr,
aferniand as is before sayde, nathyng thair agayne sayand : And qwhen al this
wes dune, as is before wrytyn, the forsayde Jon askyt me wes that the con-
clucyon of myne ordenans ; to the qwhylk askyng, I, the forsayde Androw,
forsuth answeryt that suthfastly yha : And at al this before wrytyn wes thus
dune in dede on Mononday neste before Whyssonday, the yher of hour Lorde
a thowsand thre hundyr fourscor and fyve, beand my ful and playne deter-
mynacyon, and the ende of myne ordenans fullely demyt betwene the
forsayde Syr Eobart and Jon, of the cause before sayde at thai put in myne
ordenans, as is befor wrytyn, tyl al men I mak knawyn throw theis present
lettrys endentyt, beand my playne and ful endyt dome, as is before wrytyn :
the ta parte of this endentur in wytnesyng of al thyng in it contenyt
dwelland wyth the forsayde Syr Eobart, of my delyuerans as ful endyt dome
vndyr my sele ; the tother parte of this endenture in wytnesyng of al thyng .
in it contenyt dwelland wyth the forsayde Jon, of my delyuerans as ful
endyt dome vndyr my sele : And to the wytnes of the qlkylkis, al and syndry
in thir endentyt lettrys contenyt, tyl ilk parte of the forsayde endenturis I
hafe put my sele.
40. Charter by Patrick of Grahame, Lord of Kincardine, to Patrice of
Grahame, his son, of Kinpunt and Yilefisten. — [Circa 1389.]
Omnibus banc cartam visuris uel audituris, Patricius de Grahame, dominus
de Kyncardyn, salutem in Domino sempiternam : Nouerit vniuersitas vestra
me, cum consensu et assensu filii mei et heredis, domini Wilelmi de Grahame,
militis, dedisse, concessisse, et hac presenti carta mea confirmasse dilecto filio
meo Patricio de Grahame, cum Eufemia vxore mea procreato, omnes terras
meas de Kynpunt et Yilefiston cum pertinenciis, in Laudonia, infra vicecomi-
J
1389.] LANDS OF KINPUNT AND ILLIESTON. 263
tatum de Edynburgh, in constabularia de Lynlithcu : Tenendas et habendas
eidem Patricio de Grahame fibo meo, et heredibus masculis de corpore suo
legitime procreandis, libere, quiete, plenarie, integre, pacifi.ee, houorifice atque
bene, in moris, maresiis, stagnis, aquis, viis, semitis, venationibus, aucupationi-
bus, molendinis, fabrilibus et brassinis ac eorum sequelis, curiis et earum
escbaetis, necnon cum omnibus aliis et singulis commoditatibus, libertatibus et
aysiamentis ac iustis pertinenciis quibuscunque ad clictas terras de Kynpunt
et Yilefiston spectantibus, seu aliquo modo spectare valentibus in futurum,
tarn sub terra quani supra terrain. Et si contingat ipsum Patricium sine
herede masculo de corpore suo legitime procreando decedere, volo et concedo
quod Eobertus films meus cum dicta Eufemia vxore mea procreatus, frater
eiusdem Patricii, predictas terras de Kynpunt et Yilefistoun cum pertinenciis
habeat et possideat sibi et beredibus de corpore suo masculis legitime pro-
creandis. Et si contingat ipsum Eobertum fortuito casu sine herede masculo
de corpore suo procreando rnori, volo et concedo quod Dauid de Grahame
films meus, frater predictorum Patricii et Eoberti cum predicta Eufemia
vxore mea procreatus, sibi et beredibus masculis de corpore suo legitime pro-
creandis predictas terras de Kynpunt et Yilefistoun cum pertinentiis habeat
et possideat hereditarie. Et si contingat, quod absit, ipsum Dauid sine herede
masculo de corpore suo legitime procreando decedere, volo et concedo quod dicte
terre de Kynpunt et Yilefistoun cum pertinentiis ad Alexandrum de Grahame
filium meum et dicte Eufemie, fratremque dictorum Patricii, Eoberti et Dauid,
et ad heredes masculos de corpore suo legitime procreandos, veniant et
descendant : Ipso autem Alexandre et dictis beredibus suis masculis de
corpore suo, ut prefertur, legitime procreandis deficientibus, quod absit, volo
et concedo quod prenominate terre de Kynpunt et Yilefistoun cum pertinentiis
ad quemcunque masculum inter me et dictam Eufemiam vxorem meant pro-
creatum seu procreandum, videlicet, deficiendo de'viro siue herede masculo
264 MENTEITH CHARTERS. [1389.
procreato de corpore suo, ad alium fratrem et heredem legitime de eorpore suo
procreandum ; illis autem, quod absit, omnibus deficientibus, ad heredes meos
veros et legitimos quoscunque. Faciendo tamen filii mei prenominati et eorum
heredes masculi seruicium domini nostri Eegis quantum pertinet ad predictas
terras de Kynpunt et Yilefistoun cum pertinentiis, et reddendo annuatim michi
et heredibus meis in capella beati Petri de Kynpunt, ad festum Sancti Petri
quod dicitur A.d Uincula, vnum denarium argenti si petatur, nomine albe
firme tantum, pro wardis, releuiis, maritagiis, sectis curiarum et quibuscunque
aliis petitionibus ac oneribus et demandis que per me uel aliquem heredum
meorum infuturum exigi uel demandari poterunt quoquo modo. Ego vero
predictus Patricius et heredes mei predictas terras de Kynpunt et Yilefistoun
cum pertinentiis predictis filiis meis et eorum heredibus masculis, ut predi-
citur, pro predicta alba firina michi et heredibus meis annuatim persoluenda,
contra omnes homines et lemmas warantizabimus, acquietabimus, et imper-
petuum defend emus. In cuius rei testimonium sigillum meum presenti carte
est appensum ; his testibus, reuerendis in Christo patribus, dominis Matheo
Glasguensi et Johanne Dunkeldensi episcopis, nobili et potenti viro ac domino,
domino Eoberto comite de Fyff et de Meneteth, egregiis viris, dominis Dauid
de Lyndesay domino de Glenesk, Thoma de Haya domino de Erole, consta-
bulario Scotie, Thoma de Erskyne domino eiusdem, et Malcolmo Flemyng
domino de Cwmernauld, militibus, consanguineis nostris carissimis, ac multis
aliis.
41. Charter by King Eobert the Second, confirming the preceding Charter,
No. 40.— 26th January [1389].
Eoberths Dei gratia Eex Scottorum, omnibus probis hominibus totius terre
sue, clericis et laicis, salutem : Sciatis nos cartam dilecti consanguinei nostri
Patricii de Grahame, militis, de mandate nostro visam, lectam, inspectam, et
1389.] GRANT OF KINPUNT CONFIRMED. 265
diligenter exarninatani, non rasarn, non abolitam, non cancellatam, nee in
aliqua sui parte viciatam, intellexisse ad plenum, sub hac forma :
Omnibus banc cartam visuris uel audituris Patricius de Grahame, domi-
nus de Kyncardyne, etc. [No. 40, supra.]
Quam quidem cartam, donacionemque et concessionem in eadem contentas,
in omnibus punctis suis et articulis, condicionibus et modis ac circumstanciis
suis quibuscunque, forma pariter et effectu, in omnibus etper omnia, approba-
mus, ratificamus, et pro nobis et successoribus nostris, ut premissum est,
imperpetuum confirmamus ; saluo seruicio nostra : In cuius rei testimonium
presenti carte nostre confirmacionis nostrum precepimus apponi sigillum :
Testibus, venerabilibus in Christo patribus, Waltero et Jobanne cancellario
nostra Sanctiandree et Dunkeldensis ecclesiarum episcopis, Johanne primo-
genito nostra de Carrie, senescallo Scocie, Roberto de Fif et de Meneteth, tilio
nostro dilecto, Archebaldo de Douglas domino Galwydie, consanguineo nostro,
comitibus, Jacobo de Douglas domino de Dalketh, fratre nostro dilecto, et
Thoma de Erskyne consanguineo nostro, militibus. Apud Monros, vicesimo
sexto die Januarii, anno regni nostri octodecimo.
42. Letter by Bobert Earl of Fife and Menteith to the indwellers of
Stragartnay, to obey John of Logy as their lawful Lord. — 22d March
1390.
Robertus comes de Fyf et de Menetetht, omnibus terras de Stragartnay
inhabitantibus ac omnibus quorum interest, salutem : Licet alias vobis
dedimus in mandatis, ad non obediendum dilecto consanguineo nostro
Johanni de Logy, domino vestro, tamen consideratis ad plenum clarneo et
iure dicti Johannis, et pro se determinatis de eisdem terris de Stragartnay,
cum pertinenciis, vobis precipimus et mandamus quatenus de presenti dicto
2 L
266 MENTEITH CHARTERS. [1392.
Johanni, et de cetero, tanquam vero domino et legitimo dictarum terrarum
de Strogartnay respondeatis, pareatis et intendatis : Et hoc sub pena que
competit non omittatis : In cuius rei testimonium presentibus sigillum
nostrum precepimus apponi, apud Perth, vicesimo secundo die mensis Marcii,
anno Domini millesimo trecentesimo nonagesinio.
43. Certification by Murdach Stewart, Justiciar north of the Forth, that
two men from Logy had been transferred to the jurisdiction of the
Court of the regality of Logy— 20th May 1392.
Omnibus has litteras visuris vel audituris, Murdacus Senescalli, dominus de
Apthane, justiciariusex parte boreali aque de Forth, salutem : Sciatis quod
in pleno itinere iusticiarie per nos tento vicesimo die mensis Maii anno
Domini millesimo trecentesimo nonogesimo secundo, apud Perth in pretorio
eiusdem burgi, duo homines indictati et arestati per coronatorem erant
intrati sic nominati, videlicet, Donaldus Schethsoun et Neuen Donaldsoun,
quosquidem homines Johannes de Logy dominus eiusdem clamabat esse suos
et habitantes in terris suis de Logy predictis ; et tunc personaliter monstrans
vnam cartam bone memorie Dauid quondam regis Scotorum illustris sub suo
magno sigillo, et super eandem cartam vnam confirmacionem recolende
memorie quondam Eoberti regis Scotorum illustris sigillo ipsius magno
sigillatam, quamquidem cartam et confirmacionem veraciter per Willelmum
de Camera, clericum nostrum dicti itineris justiciarie de verbo in verbum
perlecte fuerant, sic incipientes in modis et formis que secuuntur : — Kobertus
Dei gracia Eex Scottorum, omnibus probis hominibus tocius terre sue, clericis
et laicis, salutem : Sciatis nos cartam recolende memorie quondam domini
Dauid Eegis Scottorum, auunculi et predecessoris nostri, de mandato nostro
visam, inspectam, lectam et diligenter examinatam, non rasam, non abolitam,
1392.] REGALITY OF LOGY. 267
non cancellatam nee in aliqua sui parte viciatam, intellexisse ad plenum sub
hac forma : — Dauid, Dei gracia Eex Scottorum, omnibus probis hominibus
tocius terre sue, clericis et laicis, salutem : Sciatis nos dedisse, concessisse et
hac presenti carta nostra confirmasse dilecto et fldeli nostro Johanni de Logy,
tilio et beredi quondam Jobannis de Logy, militis, pro suo fideli seruicio
nobis impenso, totas et integras terras nostras de Logy cum pertinenciis infra
vicecomitatum de Perth ; quasquidem terras cum pertinenciis, nepos noster
carissimus Eobertus Senescallus Scocie, comes de Stratherne, nobis per
fustum et bacuhun coram pluribus fidedignis, in castro de Edynburgh, vice-
sinio die mensis Julii, anno Domini millesimo trecentesimo sexagesimo
septimo, sursum. reddidit, pureque, sponte et simpliciter resignauit, ac omne
ius et clameum que habet vel habuit vel habere potuit in dictis terris cum
pertinenciis, pro se et heredibus suis vel assignatis, omnino quiete clamauit
in perpetuum : Tenendas et habendas predictas terras cum pertinenciis
predicto Johanni, heredibus suis et assignatis, de nobis et heredibus nostris,
in feodo et hereditate, in libera baronia pro perpetuo, sine aliquo retinemento,
libere, quiete, plenarie, integre, honorifice, bene et in pace, per omnes rectas
metas et diuisas suas, in longitudinem et latitudinem, cum homagiis et
seruiciis libere tenentium, cum bondis et bondagiis, natiuis et eorum sequelis,
cum omnibus aliis libertatibus, commoditatibus et aysiamentis et omnibus
pertinenciis suis, tarn non nominatis quam nominatis, tarn sub terra quam
supra terram, ad dictas terras de Logy pertinentibus, vel aliquo modo iure
aut titulo pertinere valentibus, in pratis, pascuis et pasturis, in moris,
marresiis, viis, semitis, aquis, stagnis, molendinis, multuris, bracinis, fabrinis
et eorum sequelis, aucupacionibus, venacionibus, piscariis, siluis et siluariis,
cum curiis et eschaetis, cum tholl et theame, sok et sak, pitt, galovs, et infan-
gantheff, et cum omnibus aliis libertatibus, commoditatibus et aysiamentis,
ac iustis pertinenciis quibuscunque, ad dictas terras cum pertinenciis spectam-
268
MENTEITH CHARTERS.
[1392.
tibus seu spectare valentibus quomodolibet in futurum : concessimus eciam
eidem Johanni, heredibus suis et assignatis, vt habeant et possideant totas
predictas terras de Logy cum pertinenciis, vt prescriptum est, in liberam
regalitatem : Reddendo inde annuatim nobis et heredibus nostris dictus
Johannes, heredes sui et assignati, apud manerium suum de Logy vnum
denarium argenti ad festum Sancti Johannis Baptiste, nomine albe firme, si
petatur tantum, pro wardis, releuiis, maritagiis, sectis curiarum, consuetudi-
nibus, exaccionibus et demandis, ac omnibus aliis seruiciis secularibus
quibuscunque, que de dictis terris cum pertinenciis aliquo modo in futurum
exigi poterunt seu requiri : In cuius rei testimonium presenti carte nostre
sigillum nostrum fecimus apponi : Testibus, venerabilibus in Christo patribus
Willelmo episcopo Sancti Andree, Alexandre episcopo Aberdonensi, et
Patricio episcopo Brechinensi, cancellario nostra, Boberto Senescallo Scocie,
comite de Stratherne, nepote nostra, Patricio comite de Marchia et Morauia,
Willelmo comite de Douglas, Boberto de Erskyne, Waltero de Halyburtoun
et Willelmo de Dysschyngtoun, militibus, apud Edynburgh, vicesimo sexto
die mensis Julii anno regni nostri tricesimo nono : Quamquidem cartam,
donacionemque et concessionem in eadem contentas, in omnibus punctis suis
et articulis, condicionibus et modis ac circumstanciis suis quibuscunque,
forma pariter et effectu, in omnibus et per omnia, approbamus, ratificamus
et pro nobis et heredibus nostris, vt premissum est, imperpetuum confir-
mamus, saluo seruicio nostra : In cuius rei testimonium presenti carte nostre
confirmacionis nostrum precepimus apponi sigillum : Testibus, venerabilibus
in Christo patribus, Valtero et Johanne, cancellario nostra, Sanctiandree et
Dunkeldensis ecclesiarum episcopis, Johanne primogenito nostra de Carryk,
senescallo Scocie, Boberto de Pif et de Montetht, Jacobo de Douglas, filiis
nostris dilectis, comitibus, Archebaldo de Douglas et Thoma de Erskyne,
consanguineis nostris, militibus ; apud Kylwynin, sexto die Octobris, anno
1392.]
REGALITY OF LOGY.
269
regni nostri decimo septimo. Quibus vero in prefato itinere ad auditum
nostri et tocius curie perlectis, dictus Johannes plegium quendani extendebat,
quod virtute dicte carte debuit prefatos homines suos habere ad plegium ad
curiam suam regalitatis de Logy ; quoquidem plegio per nos recepto, et ipso
extra curiam remoto, diligenter consiliata et curia auisata plene declarauerunt
in nostri presencia, ut predicitur, vt dictus Johannes prefatos suos homines
extra prefatam curiam itineris justiciarie ad curiam suam regalitatis de Logy
habere debuit, et tunc eosdem extra curiam justiciarie ad libertatem et
regalitatem predicti Johannis virtute carte sue predicte deliberare fecimus
in instanti : Et quod acta et facta sic fuerant, sigillo nostra officii nostri
justiciarie supradicti testificamus, anno, mense et loco supradictis.
270 MENTEITII CHARTERS. [1399.
44. Charter by Eobert Duke op Albany, Earl of Fife and Menteith, to
William Olifaunte, of the lands of Treyeneterrafe of Kippen, in the
Earldom of Menteith. — [Circa 1399.]
Omnibus hanc cartam visuris vel audituris, Bobertus dux Albanie, comes de
Fyfe and de Menteth, salutem in Domino sempiternam : Noueritis nos dedisse,
concessisse, et hac presenti carta nostra confirmasse dilecto nostro Willelmo
Olifaunte, filio Walteri Olifaunte de Kelly, militis, pro suo fideli seruicio nobis
impenso et imposterum impendendo, omnes terras nostras de Treyeneterrafe
de Kyppen, in comitatu nostro de Menteth infra vicecomitatum de Perth ;
que fuerunt dicti Walteri, et quas ipse, non vi aut metu ductus, nee errore
lapsus, sed sua mera et spontanea voluntate, in presentia diuersorum apud
Falklande, per fustem et baculum nobis sursum reddidit, ac totum ius et
clameum que in dictis terris cum pertinenciis habuit vel habere potuit, pro se
et hereclibus suis, pure et simpliciter resignauit : Tenendas et habendas omnes
terras predictas cum omnibus suis pertinenciis predicto Willelmo et heredibus
suis, de nobis et hereclibus nostris, in feodo et hereditate imperpetuum, per
omnes rectas metas suas et diuisas, in boscis et planis, pratis, pascuis et pas-
turis, in moris, marresiis, viis et aquis et stangnis, venacionibus, aucupacioni-
bus, et piscationibus, molendinis, multuris et eorum sequelis, cum curiis,
eschaetis et curiarum exitibus, ac cum omnibus aliis libertatibus, commodi-
tatibus, aysiamentis ac iustis pertinenciis suis quibuscunque, tam non nomi-
natis quam nominatis, tam prope quam procul, tam sub terra quam supra
terram, in omnibus et per omnia, adeo libere et quiete, plenarie, integre et
honorifice, bene et in pace, si cut dictus Walterus prefatas terras cum perti-
nenciis, ante resignacionem suam predictam nobis inde factam, liberius, plenius
et honorificencius tenuit sen possedit quoquo modo : Eaciendo inde annuatim
nobis et heredibus nostris predictus Willehnus et heredes sui tale seruicium
1400.] EUPHEMIA COUNTESS OF STRATHERN. ill
sicut dictus Walterus pater eius vel sui predecessores nobis et predecessoribus
nostris ante resignationem predictam facere sunt consneti, pro omni alio
seruicio seculari, exaccione seu demanda, que de dictis terris cum pertinenciis
per nos vel heredes nostros aliqualiter exigi poterunt vel requiri : In cuius rei
testimonium present! carte nostre sigillum nostrivm fecimus apponi, apud
Falklande ; hiis testibus, Georgeo de Lesley consanguineo nostro, et Eicardo
Curnyne, militibus, Dauid de Lunmiisden, Michaele de Name, et Ay Jolmesoun,
scutiferis, cum multis ahis.
45. Charter by Eufamia Countess Palatine of Strathern, confirming a
Cbarter by her father, David Earl Palatine of Strathern and Earl of
Caithness, to Sir Eobert Stewart, knight, of Buchanedy, Ladegrene,
and Corp, in the earldom of Strathern. — 2d March 1400.
Eufamia Senescalb, comitissa palatina de Stratheryn, vniuersis ad quos pre-
sentes littere peruenerint, salutem in Domino sempiternam : Sciatis nos
inspexisse et veraciter intellexisse cartam recolende memorie domini Dauid
comitis palatini de Stratheryn et comitis Cathanie, genitoris et predecessoris
nostri, factam dilecto et fideli nostro consanguineo domino Eoberto Senescalli,
militi, non abolitam, non rasam, non cancellatam, nee in aliqua sui parte viti-
atam, in hec uerba : — Omnibus hanc cartam visuris uel audituris, Dauid
comes palatinus de Stratheryn et comes Cathanie, salutem in Domino sempi-
ternam : Sciatis nos dedisse, concessisse et hac presenti carta nostra imper-
petuum confirmasse dilecto et fideb consanguineo nostro domino Eoberto
Senescalli, mibti, pro homagio et seruicio suo nobis impenso et impendendo,
omnes et singulas terras nostras de Buchanedy, Ladegrene et Corp cum
pertinentiis, jacentes in dicto comitatu nostro de Stratheryn infra vicecomi-
tatum de Perth : Tenendas et habendas eidem domino Eoberto et heredibus
suis de nobis et heredibus nostris in feodo et hereditate imperpetuum, bbere.
272 MENTEITH CHARTERS. [1400.
quiete, bene, pacifice et honorifice, per omnes et singulas rectas rnetas et
diuisas suas, vna cum omnibus et singulis libertatibus, commoditatibus et
aysiamentis ac iustis pertinentiis quibuscunqiie ad easdem terras spectantibus
aut de iure et consuetudine spectare ualentibus quomodolibet in futurum :
Faciendo inde domino Dostro Eegi ac nobis et heredibus nostris dictus
dominus Eobertus et heredes sui seruicia de ipsis terris debita et consueta
tantum, pro omnibus et singulis seruiciis secularibus, exactionibus et demandis,
que de dictis terris cum pertinentiis per quemcunque exigi poterunt aut
requiri. Nos vero Dauid comes palatinus prescriptus et heredes nostri omnes
et singulas terras predictas cum suis pertinentiis dicto domino Eoberto et
heredibus suis contra omnes homines et feminas warantisabimus, acquieta-
bimus et imperpetuum defendemus. In cuius rei testimonium sigillum
nostrum presenti carte nostre iussimus apponendum ; his testibus, dilectis
consanguineis nostris magistro Thoma Mercer, archidiacono Glasguensi, necnon
domino Andrea Mercer, milite, et Eoberto Barbar armigero ac aliis. Quam
quidem cartarn, donacionemque et concessionem in ea contentas, in omnibus
suis punctis et articulis modis et condicionibus ac circumstantiis quibus-
cunque, forma pariter et effectu, in omnibus et per omnia, nos pro nobis et
heredibus nostris approbamus, ratificamus et presenti carta nostra imper-
petuum confirmamus : In cuius rei testimonium sigillum nostrum presenti
carte nostre est appensum. Apud Perth, secundo die Marcii, anno Domini
millesimo quadringentesimo.
46. Charter by Bobert of Menteith of Eusky to Margaret, daughter of
Duncan Earl of Lennox, of the liferent of Ardewnane, etc. — 29th March 1403.
Omnibus hanc cartam visuris vel audituris, Eobertus de Mentethe, dominus
de Eusky, eternam in Domino salutem : Nouerit vniversitas vestra me dedisse.
1403.] ROBERT OF MENT FAT H OF RUSKY. 273
concessisse, et hac presenti carta mea confirmasse earissime et dilectissime mee,
Margarete filie reuerendi domini, domini Duncani comitis de Leuenax, nomine
dotis, pro toto tempore vite sue, totas terras rneas de Ardewnane, de Strath-
achi et de Ardmemak, cum omnibus libertatibus, comoditatibus, aysiamentis,
et emolumentis quibuscunque, prout in indenturis meis inde dicte Margarete
confectis plene proportatur : Tenendas et habendas totas dictas terras meas cum
pertinenciis dicte Margarete, pro toto tempore vite sue, dotis nomine, ut pre-
scriptum est, adeo libere et quiete, in omnibus et per omnia, sicut ego dictus
Kobertus dictas terras habeo vel possideo, et sicut alique terre alicui mulieri
dotis nomine infra regnum Scocie liberius et quiecius dari possunt vel con-
cedi. In cuius rei testimonium sigillum meum presenti carte mee est appen-
sum, apud Inchemoryne, vicesiino nono die mensis Marcii, anno gracie
millesimo quadringentesimo tercio ; hiis testibus, Dugallo Ochonnyng, Waltero
de Meneteth, dominis Eoberto Lang, Johanne de Bosnethe, et Andrea de
Bosnethe, capellanis, cum multis aliis.
Seal appended — A bend cheque between six cross-crosslets fitche. Legend —
" S. Koberti de Menteth."
47. Charter by Eobert Duke of Albany, Earl of Fife and Menteith,
Governor of Scotland, dated 15th December 1412, confirming Charter by
Patrick Earl of Strathern to Euphemia of Lindsay. — 6th December
1406.
Eobertus dux Albanie, comes de Fife et de Menteth ac regni Scotiaa guber-
nator, omnibus probis hominibus totius regni predicti, clericis et laicis, salutem :
Sciatis nos quandam cartam dilecti consanguinei nostri Patricii de Grahame
comitis de Stratherne factam et concessam, cum consensu et assensu Eufamise
2 M
274 MEKTEITH CHARTERS. [1406.
sponste sua?, dilecta? consanguinea? nostra? Eufamia? de Lindesay, filia? quon-
dam Alexandri de Lindesay de Glenesk militis, de vno annuo redditu quinque
librarum vsualis monetae leuandarum annuatini et percipiendarum ad duos
anui terminos Pentecostes et Sancti Martini in hyeme per equales portiones
de duabus villis suis de Kinkell, jacentibus infra vicecomitatum de Perth, de
mandato nostro visam, lectam, inspectam et diligenter examinataru, non rasam,
non abolitam, non cancellatara, nee in aliqua sui parte vitiatam, intellexisse ad
plenum in bee verba:— Omnibus banc cartam visuris vel audituris, Patricius
de Grahame comes de Stratherne, salutem in Domino sempiternam : Nouerit
vniversitas vestra nos non vi ductos, nee errore lapsos, sed mera et spontanea
voluntate nostra ad bee vndeque pensata, cum consensu et assensu Eufaniiae
vxoris nostra?, dedisse, concessisse et hac presenti carta nostra confirmasse
carissirna? consanguinea? nostra? Ewfarnia? de Lindesay, filia? nobilis viri
domini Alexandri de Lindesay militis, quondam domini de Glenesk, quendam
aunuum redditum quinque librarum vsualis monetae Scotia? de villis nostris
duabus de Kinkell, jacentibus infra vicecomitatum de Perth, ad vsuales ter-
minos certos, videlicet, Pentecostes et Sancti Mertini in yeme annuatini per-
cipiendarum, ita quod utra?que villa? antedicta? annuatim pro eodem annuo
redditu soluendo predicta? Eufamia? de Lindesay conjunctim et diuisim oner-
entur : Tenendum et habendum dictum annuum redditum quinque librarum
prefata? Eufamia? nostra? consanguinea? pro toto tempore vita? sua?, ita libere,
quiete, honorifice, bene et in pace, sicut nos dictus Patricius et nostri predices-
sores predicto annuo redditu retroactis temporibus gauisi sumus, seu nos et
heredes nostri gaudere poterimus quomodolibet in futurum, vel aliquis annuus
redditus datur vel conceditur in toto regno Scotia? : Ceterum volumus et
tenore presentium concedimus quod predicto annuo redditu per pretactam
Eufamiam vel ejus certum deputatum petito ahquo anno durante tempore
vita? et non acquisito, eadem Eufamia et ejus certus deputatus ad distringendas
1406.] ROBERT EARL OF MENTEITH, ETC. 275
predictas villas, tanquam nos, conjunctim et diuisiin, pro eodeni annuo redditu
prefata? Eufamise annuatim soluendo, liberum habeant recursum sine aliquo
retinemento seu strepitu judiciali : Et ad quae omnia et singula premissa in
hac carta fideliter obseruanda et perimplenda, prelibata Eufamia uxor nostra,
tactis sacrosanctis evangeliis, juramentum prestitit corporale : Et nos Patricius
comes predictus et heredes nostri eundem annuum redditum quinque librarum
persoluendarum, ut premittitur, prefata? Eufamias consanguinese nostra? pro
toto tempore vitas suae, warantizabimus, acquietabimus et contra omnes mor-
tales defendemus : In cuius rei testimonium sigillum nostrum presentibus est
appensum ; apud Perth, sexto die mensis Decembris, anno Domini millesimo
quadringentesimo sexto. Quamquidem cartam, donationem et concessionem
in eadem contentas, in omnibus punctis suis et articulis, conditionibus et
inodis ac circumstantiis quibuscunque, in omnibus et per omnia, approbamus,
ratificamus et autoritate officii nostri gubernationis regni predict! confirmamus
durante tempore antedicto : Saluo domino nostro regi et heredibus suis de
predictis duabus villis cum pertinentiis seruitio debito et consueto : In cuius
rei testimonium presentibus pro toto tempore vitas dictae Eufamias duraturis
magnum sigillum officii nostri apponi precepimus : Apud Perth, decimoquinto
die Decembris, anno Domini millesimo quadringentesimo duodecimo, et
gubernationis nostra? septimo.
Hasc est vera copia principalis carta? suprascripta? contenta? in registro
supremi domini nostri, extracta, copiata et collationata, in omnibus cum
originali concordans, nil addito vel remoto quod substantiam mutaret
aut sententiam variaret, per me dominum Joannem Hamiltoun de
Magdalenis, militem, clericum rotulorum registri ac consilii, sub nieis
signo et subscriptione manualibus.
J. Hamilton, Cls Eegri.
276 MENTEITH CHARTERS. [1408.
48. Chaeter by Patrick Earl Palatine of Strathern, confirming a
Charter by David Stewart, Earl Palatine of Strathern, to
Maurice of Dromund, of the office of Steward of Strathearn. — 14th
February 1408. 1
Omnibus hoc scriptum visuris vel audituris, Patricius comes palatinus de
Stratherne, eternam in Domino salutem. Sciatis nos vidisse, inspexisse et
diligenter examinasse quamdam cartam quondam domini Dauid comitis
palatini de Stratherne, factam quondam Mauricio de Dromund, de officio
senescallatus comitatus de Stratherne, non rasam, non abolitam, non viciatam,
nee in aliqua sui parte suspectam, sed omni vicio et suspicione carentem,
cuius tenor sequitur in hec uerba : — Omnibus banc cartam visuris uel
audituris, Dauid Senescallus, comes palatinus de Stratherne, salutem in
Domino sempiternam. Noueritis nos dedisse, concessisse, et hac presenti
cartra nostra confirmasse dilecto consanguineo nostro Mauricio de Dromunde,
pro suo fideli seruicio nobis impenso et impendendo, officium senescallatus
nostri comitatus de Stratherne : Tenendum et habendum eidem Mauricio,
heredibus suis et assignatis," dictum officium cum pertinenciis, feodis et
consuetudinibus debitis et consuetis, ad dictum officium spectantibus seu
quoquo modo in futurum spectare valentibus, de nobis et heredibus nostris,
in feodo et hereditate imperpetuum, libere, quiete, bonorifice, plenarie et in
pace : Eeddendo inde nobis annuatim et heredibus nostris dictus Mauricius
et heredes sui uel assignati vnum sufficientem bouem ad festum Sancti
Martini in hieme, si petatur, pro omnimodo seruicio, exaccione seu demanda,
que de dicto officio per nos aut heredes nostras quomodolibet exigi poterunt
uel requiri : Nos vera Dauid Senescallus Scocie, comes de Stratherne et
1 Original Charter at Drummond Castle.
1409.] INDENTURE BETWEEN ALBANY AND DOUGLAS. 277
heredes [nostri] ac assignati dictum ofhcium senescallatus cum pertineuciis
preuominato Mauricio, heredibus suis et assignatis, contra omnes homines et
feminas warrantizabimus, acquietabimus et imperpetuum defendemus. In
cuius rei testimonium presenti carte nostre sigillum nostrum, apud Concrag,
fecimus apponi : Testibus, nobilibus viris, Waltero de Morauia, Hugone
de Ross, Thoma de Comry, Dauid de Cochrane, et Johanne de Cochrane, ac
diuersis aliis. Quam vero cartam, cum omnibus suis punctis, clausulis et
artioulis, modis, condicionibus ac circumstanciis vniuersis, forma pariter et
effectu, in omnibus et per omnia, prout in eadem carta plenius continentur,
cum consensu et assensu dilecte consortis nostre Eufamie comitisse de
Stratherne, nos pro nobis et heredibus nostris approbamus, ratificamus et
tenore presentis scripti nostri- imperpetuum confirmamus. In cuius rei
testimonium presenti scripto nostro sigillum nostrum apponi fecimus ; apud
Perth, decimo quarto die mensis Februarii anno Domini millesimo cccc mo
octauo.
49. Indenture between Eobert Duke of Albany, Earl of Fife and
Menteith, Governor of Scotland, and Archibald, fourth Earl of
Douglas, for mutual concord and assistance. — Inverkeithing, 20tb
June 1409. 1
This endenture, made at Innyrkethin, the tventy day of the moneth of June,
the yhere of grace a thousand four hundreth ande nyne, betvix ane excellent
ande a mychty prince, Robert Due of Albany, Erie of Fiffe and of Menteth,
and gouuernour of Scotland, on the ta part, ande a richt nobil ande a mychty
lorde, his cosine, Archibald Erie of Douglas, Lorde of Galway and of
1 Original in H. M. General Register House, Edinburgh.
278 MENTEITH CHARTERS. [1409.
Anandirdale, on the tothir parte, proportis in the self and beris witnes, that
thai willand, on aythir part, that full frendschip and kindnes be kepit and
continuyt betvix thaim in tyme to cum, thai oblise thaim, ilkane til othir, be
the faithis and the trowthis of thair bodyis, in fourme ande manere as eftir
folowis ; that is to say, that the saide Archibald Erie of Douglas is oblisit,
and oblisis him, as is beforsaide, til the saide Due of Albany, gouuernour of
Scotland, that he sal be til him in all his causis lele counselour, and with al
his wit and [all] his mycht lele helpar and suppouellour for al the dayis of
his life, withoutyn fraude or gile, befor and agaynis all dedelik personis, his
allegiance acht til our lorde the king anerly outane ; ande the forsaide
Eobert Due of Albany, gouuernour of Scotland, oblisis him in like manere
til the saide Archibald Erie of Douglas, in all his causis, for the terme of his
life, in al fourme ande effect as is beforsaide, befor ande agaynis al dedlik
personis, his allegiance acht til our lorde the king anerly outane : And gif
onye of the forsaide lordis wittis or persavis ony maner of grefe, skath or
perele apperand til othir, he sal, with al haste that he may, revele it or ger
it be revelit and made knawin to the tothir part, ande set the letting tharin
that he may at his power without delay : Alsua it is acordit betvix the saide
lordis that nane of thaim sal mak sic like band as this with ony othir
persone, but consent of bathe the partyis : Alsua it is acordit, that gif ony
discorde or controuersy happynnis to grow betvix the saide lordis, as
God forbede, the party feland him engrefit sal ask tha thingis to be refourmit
and amendit at the tothir, ande that herd, he sal cum at the instance of the
tothir within fourty dayis til cunnabil place, ancle in sobir manere, and gif
he may nocht cum at sic tyme throu causis resonabil, he sal cum alsone as
he gudely may thareftir, but fraude or gile, and thar it sal be fandit with
thair bathetis counselis to ger the thing be dvly refourmit; and that
falzeand, it sal be submittit to sevin personis of thair bathetis counselis
1409.] INDENTURE BETWEEN ALBANY AND DOUGLAS. 279
throu thaim to be chosine, ancle tha sevin bodily, the grete athe sworn -
apon the haly euangelis, sail ordene reformatioun tharapon eftir the nature
of thair band, as tha sevin thinkis the cause requeris : Ande gif ony
discorde happynnis betvix thir forsaide lordis touchand fee and heritage, thai
sal preve gude acorde with the auisment of thair bathetis counselis, ande
that acorde falzeand in sic manere, tliai sal nocht tak that cause furthe, hot
in lufely manere as the lach will : Alsua, gif thar happynnis ony discorde
or riot amang thair men that touchis fee and heritage or slachtir of men,
thai sal lelily do thair power on aythir part to get it be stanchit in lufely
manere, ande gif thai sua na may, thai sal mak thaim na party with thaim,
bot in sobir manere, as the lach will : Ande in case that outhir controuersy
or bargane happyn amang thair men, thai sal lelily do thair power to get it
be amendit amang thaim self in lufely manere, and gif thai may nocht acorde
be trety in lufely manere, thai sail call bath the partyis, that is, he that
pleynzeis ande he that is pleynzeit on, befor thaim and thair counsele,
askand thaim to be submittit to thaim and to thair counselis vnsuspect,
apon sic complain tis, ande quha sa refusis til submit him to the saide lordis
ande to thair counselis vnsuspect, to do ande to tak reformatioun of sic
wrangis eftir the sicht of the saide lordis and thair counselis vnsuspect, the
party refusand that nouthir of the saide lordis sal mayntene na suppouel, fra
thinefurthe in tha causis that he refusis to submit him apon : Alsua it is
acordit fullily betvix the saide lordis, that gif ony of thair sonnis, or of thair
sonnis sonnys, or of thair brethir, or ony othir persone within the realme,
makis ony riot, debate or distroubillance within the cuntre, or rebellis or
disobesis till ony of the saide lordis again resoun, aythir of the saide lordis
sal suppouel othir be thaim self, or be ane of thair tva eldest sonnis, with al
thair gudely power, to ger sic rebellioun, ryot and disobesance be restrenzeit
and stanchit, as may be sene maste expedient to thaim ande til thair bathetis
280 MENTEITH CHARTERS. [1409.
counselis but fraude or gile : Alsua, it is acordit that nane of the forsaide
lordis sal do na suffir to be done, at thair power, to nouthir of thaira slachter,
disherison, areste, ua vndoing be na manere of way, bot thai sal again stand
it, and let it at al thair power, but fraude and gile : Alsua it is acordit, that
gif ony of the forsaide lordis findis him engrevit in ony of the poyntis
contenit in thir forsaide indenturis, it sal be refourmit be thaim and be thair
counselis, eftir the nature of thair band, or ellis be sevin personis of thair
bathetis counselis, to be chosin of thair assentis, as is befor saide, ande in
nane othir manere : Alsua it is acordit, that gif it happynnis the saide lorde
the Due to grow in tyme to cum to the estate of king, that this band, as
touchand evin falowschip ande estate, sal expire fra thinefurthe, bot that all
kindnes and frendschip sal be kepit betvix thaim in tyme to cum. And gif
Eobert Stewart of Fife and Waltir Stewart of the Leuenax his brothir, ande
Archibald of Douglas and Jamis of Douglas, sonnys to the saide Erie of
Douglas, or ony of the saide four personis, will be gouernit eftir the counsel
ande the ordinance of the saide lordis thair faderis, ande be bundyn to this
band in like manere as thair faderis ar, thai sal be tane in it, ande be
comprisit in the samyn manere as the nature of the band will, and with the
counsel of the makaris of it : Ande for the mare sikkirnes and traistfull
keping of al ande sindry the forsaide thingis, lelily and trewly to be
kepit, in all fourme and effect, poyntis, articulis and condiciounis, but
fraude or gile or male engyne, bathe the saide lordis has gifin thair
bodily athis apon the haly euangelis. In witnes of the qwhilk thing, to
the partyis of thir indenturis, the seelis of the saide lorde the Due ancle
of the saide Erie entirchangeabli ar to put, the day, yhere ande place
forsaide. 1
1 Only a portion of the tag of the seal now remains attached to the writ.
1410.] MARRIAGE ALLIANCE BETWEEN ALBANY AND DOUGLAS. 281
50. Indenture between Robert Stewart, Duke of Albany, Earl of Fife
and Menteith, and Sir Archibald, Earl of Douglas, etc., for the
marriage of the son of the former, John Earl of Buchan, with
Elizabeth, daughter of the Earl of Douglas. — 21st July 1410.
This endenture, made at Pertht, the ane and twenty day of the munetht of
Jule, the yere of grace a thousant iiij c and ten, betwekis ane excellent and a
mychty prince, Robert Due of Albanie, Erie of Fyff and of Mentetht, and
gouuernoure of Scotland, and a noble lord his sone, Jone Stewart, Erie of
Bouchane and Chavmerlan of Scotland, on the ta parte, and a richt worschip-
ful and mychty lord, Sir Archebald Erie of Douglas, lord of Galway and of
Anandirdale, on the tuthire parte, proportis in itself, and beris witnes that it
is fullely accordit betwekis thaim in fourme and manere eftirfollowand ; that
is to say, that, with the grace of God, the said Jone Erie of Bouchane sal mary
aud haf to wif Elisabeth of Douglas, the douchtir of the said Erie of
Douglas, and the said parties sal send til oure hally fadire the Pape message
with al gudly haist for the purchesse of the said mariage to be fulfillit : For
the qwhilk mariage the said Erie of Douglas sal gif heritablely, befor the
fulfilling of the forsaid mariage, twa hundreth markis worth of land in to
proprete and demain, with the tenandries of tba ilke, gif ony bee ; that is to
say, al the landis of the Stewartoun with the appertenencis, and al the landis
of Ormysheucht with the appertenencis, lyand in the baronry off Cunyngaham,
within the schirrefdome of Are, to the fornemyt Jon Erie of Bouchane and
Elisabeth of Douglas, and to the langere lifand of thaime, and to the lauchful
haires for to be gottin betwekis thaime ; and thai failyand, as God forbeid, to
the lauchful haires male of the forsaid Erie of Bouchane of his body to be
gottin ; the qwhilkis al failyand, as God forbeid, than the said landis to retourn
2 N
282 MENTEITH CHARTERS. [1410.
again to the forsaid Erie of Douglas and his lauchful haires, qwhat euer thai
be : Alswa it is accordit, that gif it swa be that the forsaid landis of the
Stewartoun and of Orniysheucht extendis noueht to twa hundreth mark of
ferme be yere, the forsaid Erie of Douglas oblis him be this endenture that
he sal gif als mekil land til the said Erie of Bouchane and Elisabeth of
Douglas, in swilk fourme and condiscion of tailye as he is oblist to gif the
said landis of the Stewartoun and Ormisheuch, the qwhilkis landis sal ly in
swilk connable place as the forsaid lord the Due haldis him content of, swa
that the condiscion befor made of the said twa hundreth markis worth of land
sal be halely fulfillit befor the fulfilling of the said mariage, withoutin fraud e
or gile : Alswa it is accordit, that qwhen the forsaid purches commis in Scot-
land for the said mariage fulfilling, that the said Erie of Douglas sal mak,
befor the fulfilling of it, fre re[sign]acion of the said landis of the Stewartoun
with the appertenencis, and of Ormysheuch with the appertenencis, and of
the landis that he sal gif in the fulfilling of the said twa hondreth [niarjkis
worth of land in to the oure lordis handis, the said oure lordis gifand thaime
to the said Erie of Bouchane and Elisabeth of Douglas, til remain with thaime
[in sjwilk fourme of tailye as is befor writtin in thire endenturis : Alswa gif
it happynnis the said Erie of Douglas throuch Goddis will to discesse of this
lif befor [the Contjesse of Douglas that now is his wif, and the samyn
Contesse til clame and joise hir jointfeftment, the qwhilk scho has in the said
landis of Stewartoun [and Orniyskjeuch, with the appertenence, the said Erie
of Douglas oblis him, his hairis and his assignais, to pay ilke yere, als lange
as the said Contesse joisis the said [jointjfeftment, to the said Jon Erie of
Bouchane and Elisabeth of Douglas and thair haires, eftire the condiscioun of
thire endenturis, als mekil annuel rent in the mone [of Scotland] to be raisit
of his four baronries, that is to say, Bothvile, Strathawane, Drumsargart, and
Curmannok, as the ferme of the said landis of the Stewartoun and
1410.] JOHN EARL OF BUCHAN AND ELIZABETH DOUGLAS. 283
[Orniysheu]ch extendis to at the fulfilling of this said mariage : Alswa it is
accordit, that gif the said Erie of Douglas procuris his said wif til quitcleme
[hir sai]d jointfeftment of the forsaid landis of Stewarton and Ormysheuch,
with lettre of witnessing thareof, to the forsaid Erie of Bouchane and Elisabeth
of Douglas [and thair hjairis, as is beforsaid, than the forsaid Erie of Douglas
sail he quit of his oblising that he has made in thir endenturis of his foure
baronries beforsaid : Alswa [it is accorjdit that the said Erie of Bouchane
sal gif in dowry, befor the fulfilling of the said mariage, to the said Elisabeth
of Douglas for hir liftirne, twa hundreth markis worth of land of fre rent be
yere, lyand in connable and esy place, with chartire, witnes, and lef of the
oure lord : To the fulfilling and the keping of al and sindry the forsaid thingis,
but fraude and gile, or ony vnresounable delay, the forsaidis Erls of Douglas
and Bouchane, apon the hally ewangilles, has gifin thair bodely athis. In
witnessing of the qwhilk thingis, to the party of thire endenturis remaynand
with the said Erie of Douglas the forsaid lord the gouuernour and his forsaid
son the Erie of Bouchane has gert set thair seeles, and to the party
remaynand with the forsaid lord gouuernour and his son of Bouchane the
forsaid Erie of Douglas has gert set his seel, the day, yere and place
beforesaid. 1
51. Charter by Eufamia, Countess Palatine of Strathern, to Alexander
the Grame, of the lands of Calandermore and Calanderbeg. — 13th
July 1414.
Eufamia comitissa palatina de Stratherne, omnibus banc cartam visuris
uel audituris, salutem in Domino : Sciatis nos in nostra pura et legitima
1 Only the tag now remains.
284 MENTEITH CHARTERS. [1411.
viduitate constituta, dedisse, concessisse, necnon et hac presenti carta nostra
imperpetuum confirmasse dilecto fratri nostro Alexandro le Grame, filio
Willelrni le Grarne domini, pro suo bono et fideli seruicio nobis impenso et
irapendendo, ornnes et singidas [terras] nostras de Calandermore et Calanderbeg
cum pertinenciis, iacentes infra comitatum de Stratherne predictum : Tenendas
et babendas omnes et singulas predictas terras cum pertinenciis predicto
Alexandro, beredibus suis et suis successoribus, de nobis et heredibus nostris
ac nostris successoribus, in feodo et hereditate inperpetuum, bbere, quiete,
bene et in pace, per omnes rectas metas et diuisas suas, cum curiis et curiarum
exitibus, et escbaetis, in aquis, stagnis, sduis, moris, et marresiis, pratis,
pascuis et pasturis, molendinis, multuris et eorum sequelis, brasinis,' pis-
trinis et fabrinis, cum aucupacionibus, venacionibus et piscacionibus, ac
omnibus aliis hbertatibus, commoditatibus et aisiamentis ac iustis pertinenciis
quibuscunque ad dictas terras spectantibus seu iuste spectare [valentibus]
quomodolibet in futurum. Eeddendo inde annuatim dictus Alexander,
beredes sui et sui successores, nobis et beredibus nostris et nostris
successoribus, bomagium, seruicium, wardam et reliuium, ac tres sectas
ad tria placita nostra capitalia infra Stratberne tenenda tantum, pro
omni alio seruicio seculari, exaccione seu demanda, que de dictis terris
cum pertinenciis aliqualiter exigi poterunt uel requiri. Nos vero dicta
Eufamia, heredes nostri ac nostri successores, omnes et singulas predictas
terras cum pertinenciis, prenominato Alexandro, heredibus suis et suis
successoribus, in omnibus et per omnia, ut premissum est, contra omnes
homines et feminas warantizabhnus, acquietabimus et imperpetuum defen-
demus. In cuius rei testimonium presenti carte nostre sigillum nostrum est
appensum, apud Perth, decimo tercio die mensis Julii, anno Domini millesimo
cccc mo decimo quarto.
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1415.] CHARTER BY ROBERT DUKE OF ALBANY. 285
52. Charter by Eobert Duke of Albany, Governor of Scotland, to William
de Hay of Ereol, Constable of Scotland, of the lands of the barony of
Cowie — 14th May 141 5. 1
Eobertus Dux Albanie, comes de Fife et de Menteth, ac regni Scocie
gubernator, omnibus probis hominibus tocius regni predicti, clericis et laicis,
salutem. Sciatis nos dedisse, concessisse, et hac presenti carta nostra
confirmasse carissimo nepoti nostro, Willelmo de Haia de Erole, constabulario
Scocie, totas et integras terras baronie de Colly cum pertinenciis, iacentes infra
vicecomitatum de Kincardin : Quequidem terre cum pertinenciis fuerunt
Willelmi Frasere de Fillorth hereditarie, et quas idem Willelmus Frasere,
non vi aut metu ductus, nee errore lapsus, sed mera et spontanea voluntate
sua, in manus nostras, per fustem et baculum ac per suas literas patentes
sub sigillo suo, coram subscriptis testibus, sursum reddidit, pureque
simpliciter resignauit, ac totum ius et clameum que in dictis terris cum
pertinenciis habuit vel habere poterit, pro se et heredibus suis, omnino
quitumclamauit imperpetuum : Tenendas et habendas totas et integras terras
baronie predicte, cum tenandiis et liberetenencium seruiciis ac ceteris
pertinenciis quibuscunque, predicto Willelmo de Haia, nepoti nostro, et
heredibus suis, de domino nostro Eege et heredibus suis, in vnam integram
et liberam baroniam, in feodo et hereditate imperpetuum, per omnes rectas
metas suas antiquas et diuisas ; cum omnibus et singulis libertatibus,
comoditatibus et aisiamentis ac iustis pertinenciis quibuscunque, ad dictam
baroniam spectantibus seu iuste spectare ualentibus quoinodolibet in
futurum, adeo libere et quiete, plenarie, integre et honorifice, bene et in pace,
in omnibus et per omnia, sicut idem Willelmus Frasere aut predecessores sui
dictam baroniam cum pertinenciis, ante dictam resignacionem nobis inde
1 Original Charter at Pkiiorth.
■286
MENTEITH CHARTERS.
[1415.
factam, liberius tenuit seu possedit, tenuerunt seu possederunt : Faciendo
inde domino nostro Eegi et heredibus suis dictus Willelrnus de Haia, nepos
noster, et heredes sui, seruicia de dicta baronia cum pertinenciis debita et
consueta : In cuius rei testimonium presenti carte nostre magnum sigillum
officii nostri apponi precepimus ; testibus, reuerendo in Christo patre Gilberto
episcopo Aberdonensi, cancellario Scocie, Johanne Steuart comite Buchanie,
filio nostro, Alexandra de G-rame filio domini de Grame, Thoma Brisbane,
Willelmo de Portduvine, Willelmo de Cochrane, Dauid Dallirdase, et Andrea
de Hawic,. rectore de Listoun, secretario nostro ; apud Falklande, quarto
decimo die mensis Maii, anno Domini millesimo quadringentesimo quinto-
decimo, et smbernacionis nostre nono.
53. Precept by Muedach Duke of Albany, Earl of Fife and Menteith,
for a charter to William Lord of Grahame, knight, of the barony of
Dundaff and the superiority of Kynpont, etc. — 8th January 1421.
Murdacus dux Albanie, comes de Fife et de Menteth ac regni Scocie guber-
nator, reuerendo in Christo patri domino Wilelmo episcopo Glasguensi,
cancellario Scocie, salutem : Sciatis quod concessimus carissimo consanguineo
nostro Wilelmo domino de Grahame omnes et singulas terras baronie de
Dundaf cum pertinenciis, iacentes infra vicecomitatum de Striuelyne ; necnon
superioritatem omnium terrarum de Kynpont, de Elotstoun, de Cliftoun, et de
Poumfraystoun cum pertinenciis, in constabulario de Linlithqu infra vicecomi-
tatum de Edinburgh iacencium : Quequidem terre et superioritas dictarum
terrarum cum pertinenciis fuerunt predicti domini de Grahame hereditarie,
et quas idem dominus, non vi aut metu ductus, nee errore lapsus, set mera
et spontanea voluntate [sua ? in manus nostras, coram testibus subscriptis, per
fustum et baculum personaliter sursum reddidit pureque simpliciter resignauit ;
1421.] GRANT BY MV ED AG II DUKE OF ALBANY. 287
ac totum ius et clameum que in dictis terris et superioritate cum pertinenciis
habuit vel habere poterit, pro se et heredibus suis, omnino quittum clamauit
irnperpetuum : Tenendas et habendas totas et integras prenominatas terras de
Dundaf cum pertinenciis, vna cum prefata superioritate antedictarum terrarum
de Kynpont, de Elotstoun, de Cliftoun et de Poumfraistoun cum pertinenciis,
predicto consanguineo nostro domino de Grahame, ac Patricio de Grahame
filio et heredi quondam Alexandri de Grahame, filii et heredis predicti domini
de Grahame, et heredibus suis masculis de corpore suo legitime procreandis ;
quibus forte deficientibus, Alexandro de Grahame, secundo filio dicti quondam
Alexandri, et heredibus suis mascidis de corpore suo legitime procreandis ;
quibus deficientibus, Johanni de Grahame, filio predicti Wilelmi de Grahame,
ac heredibus suis masculis de corpore suo legitime procreandis ; quibus defi-
cientibus, Eoberto de Grahame, filio eiusdem Wilelmi domini de Grahame, ex
carissima consanguinea nostra, Mariota comitissa Angusie, sponsa sua secunda
genito, et heredibus suis masculis de corpore suo legitime procreandis ; quibus
deficientibus, Patricio de Grahame, secundo filio suo de predicta sponsa sua
genito, et heredibus suis masculis de corpore suo legitime procreandis ; quibus
deficientibus, Wilelmo de Grahame, tercio filio suo de prefata sponsa sua
genito et heredibus suis masculis de corpore suo legitime procreandis ; quibus
forte deficientibus, Henrico de Grahame quarto filio suo de predicta sponsa sua
genito, et heredibus suis masculis de corpore suo legitime procreandis ; quibus
deficientibus, Waltero de Grahame, quinto filio suo de prefata sponsa sua
genito, et heredibus suis masculis de corpore suo legitime procreandis ; quibus
omnibus, quod absit, deficientibus, veris, legitimis, et propinquioribus heredibus
masculis predicti Wilelmi domini de Grahame, cognomen et arma de le
Grahame gerentibus quibuscunque, libere reuertendas, de domino nostro
rege et heredibus suis, in feodo et hereditate irnperpetuum ; per omnes rectas
metas suas antiquas et diuisas, cum omnibus et singulis libertatibus, com-
288
MENTEITH CHARTERS.
[1421.
moditatibus, et aisiamentis ac iustis pertinenciis quibuscunque ad predictas
terras et superioritatem cum pertinenciis spectantibus seu iuste spectare
valentibus quomodolibet in futurum ; adeo libere, et quiete, plenarie, integre
et bonorifice, bene et in pace, in omnibus et per omnia, sicut prefatus con-
sangumeus noster, dominus de Grahame, aut aliquis predecessorum suorum
prenominatas terras et superioritatem cum pertinenciis de domino nostro rege
aut predecessoribus suis, ante dictam resignacionem nobis inde factam, liberius
tenuit seu possedit, tenuerunt vel possederunt : Faciendo prefatus Wilelmus
dominus de Grahame ac heredes supradicti talliati predicto domino nostro regi
et beredibus suis de predictis terris et superioritate cum pertinenciis seruicia
debita et consueta : saluis tamen predicte consanguinee nostre Mariote comi-
tisse Angusie sponse prefati domini de Grahame iuncta sua infeodacione, ac
racionabili sua tercia parte predictarum terrarum cum pertinenciis, cum
contigerit : Quare mandamus vobis et precipimus quatenus cartam d[ebite
factam] sub magno sigillo nostro, in forma capelle nostre, debite prefato Wil-
elmo domino de Grahame ac heredibus suis superius talliatis fieri faciatis super
concessionem antedictam. Datum sub sigillo nostro secreto ; hiis testibus,
carissimo fUio nostro Waltero Steuart de Fife, de Menteth et de Leuenax,
Roberto domino de Erskine, Vmfrido de Conyngham de Vchtermachane, milite,
Malcolmo Flemyng de Bigar, Alexandro de Levingstoun de le Kalendar, et
Alano de Ottirburne, secretario nostro ; apud Striuelyne, mensis Januarii die
viii'.', anno Domini m mo cccc™ vicesimo primo, et gubernacionis nostre secundo.
54. Charter by Murdach Duke of Albany, Earl of Fife and Menteith,
Governor of Scotland, to William Lord of Grahame, knight, of the
barony of Dundaf, the superiority of Kynpunt, etc. — 8th January 1421.
Murdacus dux Albanle, comes de Fife et de Menteith, ac gubernator
regni Scocie, omnibus probis hominibus totius regni predicti, clericis et laicis,
1421.] GRANT BY MURDACH DUKE OF ALBANY. 289
salutern : Sciatis nos dedisse, concessisse, et hac presenti carta nostra con-
firmasse carissimo consanguineo nostro Wilelmo domino de Grahame, militi,
omnes et singulas terras baronie de Dundaf cum pertinenciis, iacentes infra
vicecomitatum de Stryuelyne ; necnon superioritatem omnium terrarum de
Kynpunt, de Elotstoun, de Clyftoun, et de Ponfraistoun cum pertinenciis, in
constabularia de Linlithgw infra vicecomitatum de Edinburgh iacentium :
Quequidem terre et superioritas dictarum terrarum cum pertinenciis fuerunt
predicti domini de Grahame hereditarie, et qiias idem dominus, non ui aut
metu ductus, nee errore lapsus, set mera et spontanea voluntate sua, in manus
nostras coram testibus subscriptis per fustum et baculum personaliter sursum
reddidit, pureque simphciter resignauit, ac totum ius et clameum que in dictis
terris et superioritate cum pertinenciis habuit vel habere poterit, pro se et
heredibus suis omnino quittum clamauit imperpetuum : Tenendas et habendas
totas et integras prenominatas terras de Dundaf cum pertinenciis, vna cum
prefata superioritate antedictarum terrarum de Kynpunt, de Elotstoun, de
Clyftoun et de Ponfraistoun cum pertinenciis, predicto consanguineo nostro
domino de Grahame, ac Patricio de Grahame filio et heredi quondam Alex-
andri de Grahame, filii et heredis predicti domini de Grahame, et heredibus
suis masculis de corpore suo legitime procreandis ; quibus forte deficientibus,
Alexandra de Grahame, secundo filio dicti quondam Alexandri, et heredibus suis
masculis de corpore suo legitime procreandis ; quibus deficientibus, Johanni
de Grahame, filio predicti Wilelmi domini de Grahame, ac heredibus suis mas-
culis de corpore suo legitime procreandis ; quibus deficientibus, Koberto de
Grahame, filio eiusdem Wilelmi domini de Grahame ex carissima consanguinea
nostra Mariota comitissa Angusie sponsa sua secunda genito, et heredibus
suis masculis de corpore suo legitime procreandis ; quibus deficientibus,
Patricio de Grahame, secundo filio suo de predicta sponsa sua genito, et
heredibus suis masculis de corpore suo legitime procreandis ; quibus deficien-
2
290 MENTEITH CHARTERS. [1421.
tibus, Wilelmo de Grahame tercio filio suo de prefata sponsa sua genito, et
lieredibus suis masculis de corpore suo legitime procreandis ; quibus forte
deficientibus, Henrico de Grahame quarto filio suo de predicta sponsa sua
genito, et heredibus suis masculis de corpore suo legitime procreandis ; quibus
deficientibus, Waltero de Grahame quinto filio suo de prefata sponsa sua
genito, et heredibus suis masculis de corpore suo legitime procreandis ; quibus
omnibus, quod absit, deficientibus, ueris, legitimis et propinquioribus heredibus
masculis predicti AVilelmi domini de Grahame, cognomen et arm a de le
Grahame gerentibus quibuscunque, libere reuertendas, de domino nostro
rege et heredibus suis in feodo et hereditate imperpetuum, per omnes rectas
metas suas antiquas et diuisas, cum omnibus et singulis libertatibus, com-
moditatibus, et aisiamentis ac iustis pertinenciis quibuscunque ad predictas
terras et superioritatem cum pertinenciis spectantibus, seu iuste spectare
ualentibus quomodolibet in futurum ; adeo libere et quiete, plenarie, integre,
et honorifice, bene et in pace, in omnibus et per omnia, sicut prefatus consan-
guineus noster, dominus de Grahame, aut aliquis predecessorum suorum
prenominatas terras et superioritatem cum pertinenciis de domino nostro rege
aut predecessoribus suis, ante dictam resignacionem nobis inde factam, liberius
tenuit seu possedit, tenuerunt uel possederunt : Faciendo prefatus Wilelmus
dominus de Grahame ac heredes supradicti talliati domino nostro regi et
heredibus suis de predictis terris et superioritate cum pertinenciis seruicia
debita et consueta : saluis tamen predicte consanguinee nostre Mariote comi-
tisse Angusie, sponse prefati domini de Grahame, iuncta sua infeodacione, ac
racionabili sua tercia parte predictarum terrarum cum pertinenciis, cum con-
tigerit. In cuius rei testimonium, presenti carte nostre magnum sigillum
officii nostri apponi precepimus ; testibus, reuerenclo in Christo patre, Wilelmo
episcopo Glasguensi, cancellario Scocie, carissimo filio nostro Waltero Stewart
de Fyfe, de Menteth et de Leuenax, Koberto domino de Erskyne, Vmfredo de
1423.] ACQUISITION OF THE LANDS OF DRIPPS, ETC. 291
Conyngharo.niilitibus, et Alano de Ottirburne, secretario nostro ; apud Striue-
lyne, octauo die mensis Januarii, anno Domini millesimo quadringentesimo
vicesimo primo, et gubernacionis nostre secundo.
55. Chaetek by John Steuart, Earl of Bitchan, Constable of France,
to Murdach Duke of Albany, Earl of Fife and Menteith, of the
lands of Dripps and others. — 28th January 1423. 1
Omnibus hanc cartam visuris vel audituris, Johannes Steuart comes Buchanie,
constabularius Francie ac camerarius Scocie, salutem in Domino sempiternam :
Sciatis nos dedisse, concessisse et hac presenti carta nostra imperpetuum
confirmasse serenissimo principi, domino Murdaco duci Albanie, comiti de
Fife et de Menteth, ac regni Scocie gubernatori, domino ac fratri meo
metuendo, totas et integras terras nostras de Drippis, de Bad, de Cambus-
dreny et de Westwod cum pertinenciis, iacentes in baronia de Kyncardyn
infra vicecomitatum de Perth: Tenendas et habendas dictas terras cum
pertinenciis dicto domino Murdaco, heredibus suis et suis assignatis, de barone
de Kyncardyn et snccessoribus suis, in feodo et hereditate impeipetuum, per
omnes rectas metas suas antiquas et diuisas, in boscis et planis, moris,
marresiis, viis, semitis, aquis, stagnis, pratis, pascuis et pasturis, molendinis,
multuris et eorum sequelis, aucupacionibus, venacionibus et piscacionibus,
cum fabrinis et brasinis, cum curiis, eschaetis et curiarum exitibus, bondis,
bondagiis, natiuis et eorum sequelis, et cum omnibus aliis et singulis liberta-
tibus, commoditatibus et asiamentis ac iustis pertinenciis quibuscunque, tarn
non nominatis quam nominatis, tarn sub terra quam supra terrain, tarn procul
quam prope, ad dictas terras cum pertinenciis spectantibus seu iuste spectare
1 Original Charter in H. M. General Register House, Edinburgh.
292 MENTEITH CHARTERS. [1423.
valentibus quomodolibet in futurum, adeo libere et quiete, plenarie, integre et
honorifice, bene et in pace, in omnibus et per omnia, sicut nos aut aliquis
predecessorum nostrorum dictas terras cum pertinenciis de dicto barone de
Kyncardyn aut predecessoribus suis tenuimus aut possedinius aliquo tempore
retroacto : Faciendo dicto baroni de Kyncardyn et successoribus. suis predictus
dominus Murdacus, heredes sui vel sui assignati, seruicia de predictis terris
cum pertinenciis debita et consueta : Et nos vero dictus Johannes et heredes
nostri totas et integras terras predictas cum pertinenciis predicto domino
Murdaco, heredibus suis et suis assignatis, contra omnes mortales warantizabi-
mus, acquietabimus et imperpetuum defendemus. In cuius rei testimonium
presenti carte nostre sigillum nostrum apponi fecimus, apud Striuelyne,
vicesimo octauo die mensis Januarii, anno Domini millesimo quadringen-
tesinio vicesimo tercio ; hiis testibus, Eoberto de Conynghame de Kylmauris,
Archebaldo de Conynghame de Achynbowy, Magistro Johanne Steuart rectore
de Flisk, -Johanne de Lummysdene vicecomite de Fife, consanguineis nostris
dilectis, Johanne Wricht constabulario de Faucland, Willelmo de Cadyhou
burgensi de Aberdene, Thoma de Douglas, Alexandra Guide, burgensibus de
Striuelyne, et Alano de Ottyrburne, secretario predicti domini nostri guber-
natoris, cum multis aliis.
56. Pkecept of Sasine by Walter Earl of Athole and Caithness, as
tutor of Malise Earl of Strathern, for infefting Patrick of Grahame in
the lordship of Kincardine. — 10th November 1424.
Walterus comes Atholie et Cathanie, ac tutor legittimus nobilis Malisei
comitis palatini de Stratherne, Alexandro Loutfute, maro de Stratherne,
salutem : Quia per inquisicionem de mandate nostro coram nobis factam et
ad capellam dicti comitis retornatam, compeftum est quod Alexander de
1427.] NEW ERECTION OF EARLDOM OF MENTEITH. 293
Grahame, pater quondam Patricii de Grahame, latoris presentium, obiit ves-
titus et saisitus vt de feodo de dominio de Kincardin, videlicet, de Kincardin,
Foswell, Clone, Koule, et de tereia parte de Nethir Prony et Oner Prony
cum pertinenciis, et de Westir Bardrale et Calaudermore et Calanderbeg cum
pertinenciis, in regalitate antedicta de Stratherne, ad pacem et fidem domini
regis et comitis antedicti ; et dictus Patricius est legitimus et propinquior
heres eiusdem quondam patris sui de eisdem terris cum pertinenciis, et est
legitime etatis ; et predicte terre cum pertinenciis tenentur in capite de pre-
fato comite, videlicet, Kincardin, Foswel, Clone, Koule, et tereia parte de
Nethir Prony et Westir Bardrale in alba firma, et Ca[lan]dermore et Calander-
beg in warda et releuio : Vobis igitur precipimus et mandamus quatenus,
cum idem Patricius comiti de Stratherne fecerit quod de iure debeat, saisinam
hereditariam sibi vel suo certo attorn ato de predictis terris cum pertinenciis
iuste habere faciatis, saluo iure cuiuslibet ; et hoc non omittatis. Datum sub
sigillo nostro, apud Methfen, nomine tutorio, x mo die mensis Nouembris, anno
Domini millesimo cccc mo vicesimo quarto.
57. Charter by King James the First to Malise Earl of Menteith,
erecting the lands of Craynis and others into the Earldom of Menteith.
— 6th September, 22d of King's reign [1427].
Jacobus Dei gratia rex Scotorum, omnibus probis homimbus totius terre sue,
clericis et laicis, salutem : Sciatis nos dedisse, concessisse et hac presenti carta
nostra confirmasse dilecto consanguineo nostro Malizeo comiti de Meneteth
omnes et singulas terras subscriptas, videlicet, terras de Craynis Estir, Craynis
Wester, Craguthy Estir, Craguthi Westir, terras de Glasswerde, terras de
Drumlaen, terras de Ladarde, terras de Blareboyane, terras de Gartnerthynach,
terras de Blareruscanys, terras Foreste de Baith, le Sidis de Lochcon, terras de
294 ME NT E IT H CHARTERS. [1427.
Blaretuchane et tie Marduffy, terras de Culyngarth et de Frisefteware, terras
de Eose cum le Cragmuk, terras de Inchere, terras de Gartinhagil Bobfresle,
terras de Bouento, terras de Downans et Baleth, ten'as de Tereochane, terras de
Drumboy, terras de Crancafy, terras de Achray, terras de Glassel et Cravane-
culy, terras de Savnach, terras de Brigend, terras de Lonanys et Garquhat, terras
de Drumanust, terras de Schanghil, terras de Ernetly et de Monybrachys, terras
de Gartrnrdne et de Ernomul, terras de Ernecomy, terras de Achmore, cum
le Porte et le Insche cum pertinenciis, iacentes infra vicecomitatum de Perth :
Quas quidem terras cum pertinenciis in liberum comitatum de Menteth con-
stituimus, ordinamus et de nouo erigimus ; ceteras autem terras que de dicto
comitatu ante banc nostram concessionem ab antique- fuerant, et que in presenti
carta nostra non continentur, per expressum nobis et successoribus nostris
[inperpejtuum tenore presencium reseruamus : Tenendas et habendas omnes et
singulas prenominatas terras cum pertinenciis prefato Malizeo et heredibus
suis masculis de corpore suo legitime procreatis seu procreandis, quibus forte
deficientibus, nobis et successoribus nostris libere reuertendas, de nobis et here-
dibus nostris, in liberum comitatum de Menteth, in feodo et hereditate inper-
petuum, per omnes rectas metas suas antiquas et diuisas, in boscis, planis,
moris, marresiis, viis, semitis, aquis, stagnis, pratis, pascuis et pasturis,
molendinis, multuris et eorum sequelis, aucnpacionibus, venacionibus et
piscacionibus, cum fabrilibus et bracinis, petariis, turbariis et carbonariis,
cum curiis, eschaetis et curiarum exitibus, cum furca et fossa, sok, sak, thol,
theme, infangandtbeif et outfangandtheif, bondis, bondagiis, natiuis et eorum
sequelis, ac cum omnibus aliis et singulis libertatibus, comoditatibus et
aisiamentis ac iustis pertinenciis suis quibuscunque, tarn non nominatis quam
nominatis, tarn sub terra quam supra terrain, ad prenominatas terras cum
pertinentiis spectantibus, seu iuste spectare valentibus quomodolibet in futu-
rum, libere, quiete, bene et in pace : Faciendo nobis et heredibus nostris
1453.] MALISE GRAHAM, EARL OF MEXTEITH. 295
dictus Malizeus et heredes sui masculi de corpore suo legitime procreati seu
procr'eandi tres sectas curie anuuatim ad tria placita capitalia apud Perth
tenenda, ac wardam, releuium et maritagium, cum contigerint, pro predictis
terris cum pertineuciis, vna cum servitiis debitis et consuetis : In cuius rei
testimonium presenti carte nostre magnum sigillum nostrum appoui pre-
cepinius : Testibus, reuerendo in Christo patre Jolianne episcopo Glasguensi,
cancellario nostro, Jolianne Forestarii, camerario nostro, Waltero de Ogilvy,
thesaurario nostro, Roberto de Laweder, iusticiario nostro ex parte australi
aque de Forth, militibus, et magistro Wilelmo de Foulis preposito de Bothuile,
custode priuati sigilli nostri ; apud Edinburgh, sexto die mensis Septembris,
anno regni nostri vicesimo secundo.
58. Charter by Malise Graham, Earl of Mentetth and Lord of Kinpunt,
to James Lord Hamilton and Euphemia his spouse, of the lands of
Illieston, in the Constabulary of Linlithgow. — 17th December 1453. 1
Omnibus hanc cartam visuris vel audituris, Maliseus comes de Monteth ac
dominus de Kynpunt, salutem in Domiuo sempiternam. JSToueritis nos
dedisse, concessisse, et hac presenti carta nostra confirmasse dilecto consan-
guineo nostro et affini, Jacobo domino le Hammyltone, militi, et Eufamie
sponse sue, sorori nostre carissime, pro suis seruicio et auxilio nobis gratanter
factis, omnes et singulas terras nostras de Elastone, jacentes in dominio nostro
de Kynpunt, in constabularia de Lynlythqw, et infra vicecomitatum de
Edynburgh : Tenendas et habendas totas et integras terras predictas cum
pertineuciis predictis Jacobo et Eufamie et eorum alteri diucius viuenti, et
heredibus suis masculis inter ipsos legittime procreatis seu procreandis,
quibus forte deficientibus. veris legittimis et propinquioribus heredibus
1 Original in Duke of Hamilton's Charter-chest.
296 MENTEITH CHARTERS. [1453.
prefati Jacobi, seu eius assignatis, de nobis et hereclibus nostris, in feodo et
hereditate imperpetuum, per orunes rectas metas suas antiquas et diuisas,
provt jacent in longitudine et latitudine, in nioris, marrasiis, petariis, tur-
bariis, carbonaviis, euniculariis, columbariis, lapide et calce, genestis et bruariis,
in boscis, planis, pratis, pascuis et pasturis, viis, semitis, siluis, aquis, stagnis,
riuolis, molendinis, multuris et eorum sequelis, cum communi pastura, aueu-
pacionibus, venacionibus, et piscacionibus, fabrinis, brasinis, berezeldis,
bludwetis, escbaetis, et march etis mulierum, cum curiis et earum exitibus,
vnacum libero introitu et exitu, ac etiam cum omnibus aliis et singulis
libertatibus, commoditatibus et aysiamentis ac iustis suis pertinenciis
quibuscunque, tarn non nominatis quam nominatis, tarn subtus terra quam
supra terram, procul et prope, ad dictas terras cum pertinenciis spectantibus,
seu iuste spectare valentibus quomodolibet in futurum, libere, quiete,
plenarie, honorifice, bene et in pace, in omnibus et per omnia, sine aliquo
retinemento nostri aut heredum nostrorum : Eeddendo inde annuatim dicti
Jacobus et Eufamia et eorum alter diucius viuens, et heredes masculi inter
ipsos legittime procreati seu procreandi ; quibus forte deficientibus, veri
legittimi et propinquiores heredes prefati Jacobi, vel eius assignati, nobis et
hereclibus nostris, apud principale mesuagium predictarum terrarum de
Elastone, ad festum Eenthecostes, vnum denarium monete Scocie nomine albe
firme, si petatur tantum, pro omni seruicio seculari, exactione seu demanda,
que per nos vel heredes nostros de dictis terris exigi poterunt quomodolibet
vel requiri. Et nos vero prefatus Maliseus et heredes nostri omnes et singulas
predictas terras de Elastone cum pertinenciis prefatis Jacobo et Eufamie et
eorum alteri diucius viuenti, et heredibus suis masculis inter ipsos legittime
procreatis seu procreandis ; quibus forte deficientibus, veris legittimis et pro-
pinquioribus heredibus dicti Jacobi, et eius assignatis, contra omnes mortales
warantizabimus, acquietabimus et imperpetuum defendemus. In cuius rei
1466.] PORT OF MENTEITH A BURGH OF BARONY. 297
testimonium huic presenti carte sigillum nostrum apponi fecimus ; apud
castrum de Bothuile, decimo septimo die mensis Decembris, anno Domini
millesimo quadringentesimo quinquagesinio tercio ; coram hiis testibus, Eoberto
Grahame de Inchemachlyn, magistro Willelmo Bane, notario publico, dominis
Patricio Grahame, Georgio Grahame, Thonia Smyth, presbyteris, Waltero
Grahame, Patricio Weddale, scutiferis, et Andrea Carryg, cum multis aliis.
59. Charter by King James the Third erecting Port in Menteith into
a Burgh of barony in favour of Malise Earl of Menteith. — 8th
February 1466.
Jacobus Dei gracia Eex Scotorum, omnibus probis hominibus suis ad quos pre-
sentes litere peruenerint, salutem : Sciatis quod pro singulari fauore quern geri-
mus erga dilectum consanguineum nostrum Malizeum comitem de Menteith,
et pro prouidencia nobis et ligiis in summitate de Menteith tempore venacio-
num et aliis temporibus facienda, fecimus et per presentes facimus villain de
Porte in Menteith infra vicecomitatum nostrum de Perth jacentem liberum
burgunt in barouia : Tenendam et habendam prefatam villam de Porte dicto
Malizeo et successoribus suis ac inhabitautibus eandem perpetuis futuris tem-
poribus, in merum et liberum burgum in baronia, cum vniuersis et singulis
2 p
298
MENTEITH CHARTERS.
[146C.
libertatibus, preuilegiis, proficuis, comnioditatibus et asiamentis, ac justis per-
tinenciis quibuscumque, tam non nominatis quam nominatis, ad burgum in
baronia spectantibus, seu quouismodo juste spectare valentibus in futurum,
et adeo libere, quiete, plenarie, integre, honorifice, bene et in pace, in omnibus
et per omnia, sicut aliquis burgus in baronia in regno nostra, quibuscumque
retroactis temporibus, liberius infeodatur : Quare vniuersis et singulis quorum
interest vel interesse poterit stricte precipimus et mandamus ne quis in con-
trarium predicte nostre concessionis aliquatenus deuenire presumat, sub omni
pena que competere poterit in hac parte : In cuius rei testimonium presen-
tibus magnum sigillum nostrum apponi precepimus, apud Edinburgli, octauo
die mensis Pebruarii, anno Domini millesimo quadringentesimo sexagesimo
sexto, et regni nostri septimo.
60. Notarial Transumpt, made 10th May 146", of the Eetoor of Service
of William Lord the Graham as heir of his father, Patrick Lord
Graham, in Kynpont and Carloury. — 2d May 1467.
In Dei nomine amen : Per hoc presens publicum instrumentum cunctis
pateat euidenter quod anno ab Incarnacione eiusdem millesimo quadringen-
tesimo sexagesimo septimo, indictione decima quinta, et mensis Maii die
decima, pontificatus sanctissimi in Christo patris et domini nostri, domini
Pauli diuina prouidentia pape secundi, anno tercio, transsumpta et copiata
sunt hec de quadam litera originali retornatus sub sigillo Alexandri Hathwy
deputati vicecomitis de Linlithgw, et quinque aliis sigillis quorundam baronum
et liberetenencium vicecomitatus de Linlithgw existencium, super deserui-
cionem breuis inquisitionis capelle regie impetrati per Wilelmum dominum
le Grahame super terris de Kynpont et Carloury cum pertinenciis, jacentibus
infra dictum vicecomitatum, non rasa, non cancellata, nee in aliqua sui parte
1467.] RETOUR OF WILLIAM LORD GRAHAM. 299
suspecta, sed omni prorsus vicio et suspicione carente, tenorem qui sequitur
continente : — Inquisicio facta apud burgurn de Linlithqw, in pretorio eiusdem,
coram prouido viro Alexandra Hatbwy, deputato vicecomitis eiusdem, secundo
die niensis Maii, anno Domini millesimo quadringentesimo sexagesimo septimo,
per hos subscriptos, videlicet, Archibaldum de Newtoune de eodem, Wilelmum
Douglas de Autbornden, Jobannem Cornale de Ballinherd, Jacobum Tennande
de Lynhous, Alanum Malevile, Michaelem de Hammiltoune de Locbous,
Tbomani Cornele, Walterum Paywele, Matheum de Hammiltoune, Patricium
Cornele, Alanum Broon, Andream Hoge, Johannem Patounsoun, Andream
Patounsoun, Jobannem Kers, Eobertum Beg et Alanum Parkle. Qui iurati
dicunt quod quondam Patricius dominus Grabame, pater Wilelmi domini le
Grabame, latoris presentium, obiit vltimo vestitus et sasitus ut de feodo, ad
pacem et Mem supremi domini nostri regis, de terris de Kynpont cum per-
tinentiis, et de Carloury cum pertinentiis, jacentibus infra vicecomitatum
de LinUtbqw ; et quod dictus "Wilelmus dominus Grabame est legittimus
et propinquior heres eiusdem quondam Patricii patris sui de dictis terns
cum pertinentiis; et quod est legittime etatis ; et quod dicte terre de Kynpont
cum pertinentiis valent nunc per annum quadraginta marcis et tempore pacis
valuerunt viginti libris, et dicte terre de Carloury cum pertinentiis valent
nunc per annum decern marcis et tantum tempore pacis ; et quod dicte terre
de Kynpont cum pertinentiis tenentur in capite de supremo domino nostro
rege in alba firma, reddendo annuatim vnum denarium argenti in festo
natiuitatis Domini nostri Jhesu Cbristi, super solum dictarum terrarum,
nomine albefirme, sipetatur; et dicte terre de Carloury tenentur in capite de
domino preceptore de Torficbin, ordinis Sancti Jobannis de Jherusalem, in
alba firma, reddendo dicto domino preceptori nouem solidos vsualis monete
Scocie ad festa Pascbe et beati Michaelis Arcbangeli per equales portiones,
nomine albe lirme ; et dicte terre de Kynpont cum pertinentiis sunt in mani-
300
MENTEITH CHARTERS.
[1461
bus domini nostri Eegis legittime per seipsum, causa mortis dicti quondam
Patricii, prefato herede ius suum non prosequente a tempore quiuque ebdo-
modarum vltimo elapsarum ; et diete terre de Carloury sunt in manibus dicti
preceptoris ex dicta causa per idem tempus. In cuius rei testimonium
sigillum dicti deputati vicecomitis, vna cum sigillis quorundam super dicta
inquisitione existentium, breui regio incluso, presentibus est appensum, anno,
die et loco predicto. Super quo transsumpto nobilis vir Eobertus Douglas
publice a me notario publico subscripto fieri petiit presens publicum instru-
mentum. Acta erant bee, apud Edinburgb, bora quasi tercia post meridiem,
anno, die, mense et pontificatu, quibus supra ; presentibus ibidem, venerabili
viro magistro Alexandro Morame, directore cancellarie, Wilelmo Douglas,
Lanceloto Murray, Patricio Murray, et multis aliis testibus ad premissa vocatis
specialiter et rogatis.
Et ego Jobannes Tailliefer Sanctiandree diocesis, publicus auctoritate
imperiali notarius, predicte litere retornati perlectioni [etc. in com-
muni forma].
61. Grant by King James the Third to James of Menteith of the lands
of Eednok, for tbe killing of tbe King's rebel, Patrick Stewart. — 18th
December 1473. 1
James, be the grace of God, King of Scoitis, to all and sindrie oure liegis and
subditis quham it effeiris, quhais knaulage thir oure lettres salcum, greting :
Wit ye that forsamekill as we gaif and grantit of before to oure louet James
of Menteithe, and his aeris heretably, in feuferme, the landis of Eednok,
extendand yerly to ten pundis, Hand in Menteithe, within oure schirefdome of
1 Original Grant at Graliamston Grange, Rednok.
1493.] GIFT OF REDNOK TO JAMES OF 2IENTEITH. 301
Perth, for the slauchtir of vmquhile oure rebell Patrik Stewart, for ten poundis
yerly to be pait to ws and oure successouris in feuferme : The quhilk dona-
cioun, gift, and feuferme, for ws and oure successouris we appreve, ratifyis, and
confermes for euermare be thir oure lettres : Certifyand and declarand to al
and sindrie oure liegis forsaide, aud vtheris oure officiaris quhame it effeiris,
that in ony reuocatioun made be ws in tyme bigane, we reuokit nocht oure
saide gift and donatioun made to the saide James becaus of the thankfull
laubouris that he made to the emplesaure of ws, in the slauchtir of oure said
rebell. Bot oure wil and entent is that the saide James and his aeris bruke
and joiss the saide landis heretablye in feuferme, efter the tennour of the
charteris and euidentis made of thame to him and his aeris of before, nocht-
withstanding ony reuocatioune made be ws in t} 7 me bigane and to cum :
Gevin vnder oure priue sele at Edinburghe, the auchtene day of December,
the zere of God a thousande four hundrethe sevinty and thre zeris, and of
oure recme the fourtene zere.
[Privy Seal appended.]
62. Sasine of Alexander Gkahame, Eael of Menteitii, as heir of his
grandfather, Earl Malise, in the Earldom of Menteith. — 6th May
1493.
In Dei nomine Amen : Per hoc presens publicum instrumentum cunctis
pateat euidenter et sit notum omnibus quod anno Dominice Incarnationis
millesimo quadringentesimo nonogesimo tercio, die vero mensis Maij sexto,
indictione vndecima, pontificatus sanctissimi in Christo patris ac domini,
domini Alexandri divina prouidentia pape sexti anno primo, et regni supremi
domini nostri Jacobi quarti Scotorum regis illustrissimi anno quinto, in mej
302
MENTEITH CHARTERS.
[1493.
notarij publici testiumqiie infrascriptoruni presencia personaliter constitutus
honestus vir Michael Dwne, balliuus deputatus nobilis viri Villelmi domini
Eothven vicecomitis de Perth, per literas patentes ipsius Villelmj sub eius
sigillo sigillatas, assensas et publicatas, quarum literarum tenor sequitur in hec
uerba : — Vilzame lord Eothven, sherref of Perth, to Andro Eothven, Michel
Dvne, Thomas Chessome, Johne Bennat, and Vilzame Dene, conjunctlie and
seueralie, maris of the said sherrefdome, greting : Forsamekle as thar is pre-
sents to me ane bref of sesing of our souerane lordis chapel, be Alexander
. Erl of Menteth, to gif him heritable stat and possession to hymself or his
actornay, of the Erldome of Menteth with the pertinens, quhilkis vmquhile
Malice, Erie of Menteth, the said Alexander's grantschyr, deit last vestit and
sesit as of fe, at the fatht and pece of our souerane lord the King : Quharfor I
charge yow, in our souerane lordis behalf and myn, that yhe pace incontinent,
and that yhe gif heritable stat and possession of the said erldome, with the
pertinens, to the said Alexander or his attornais, safand ilk mannis rycht ;
takand securite of the payment of sex hundreth merkis, for the malis of the
said erldome, beand in the Kingis handis the space of thre yheris, in fait of
recoueryng of sesing, and of twa hundreth merkis for the relew of the said
erldome, and this yhe do, wnder the charge that efter may folow : The quhilk
to do, to yow, and ilkane of yow, coniunctlie and seueralie, I commyt my
fule power be thir my lettres, writin wnder the sele of my office at Perth, the
first day of May, the yher of Gode ane thousand four hundreth nynthe and
thre yheris : Quibusquidem Uteris publicatis et lectis, prefatus Michael acces-
sit ad ripam lacus de Inchmahomok prope le Coldone supra solum terrarum
de Porth, et ibidem statum sasinam et possessionem realem actualem et cor-
poralem prefati comitatus de Menteth cum pertinenciis nobili viro Alexandre
Grahame, comiti de Menteth prenotato, per terre et lapidis traditionem, ut
moris est in talibus vestiri ; necnon eundem Alexandrum in possessionem pre-
1501.] BOND FOR SUPPRESSION OF CRIME. 303
dicti comitatus de Menteth cum pertinenciis prefatus Michael auctoritate sui
officii induxit et vestiuit cum effectu : Super quibus omnibus et singulis pre-
fatis, prefatus Alexander a me notario pirblico et coram testibus subscriptis
sibi fieri petiit publicum instrumentum, vnum aut plura, publicum seu publica.
Acta erant hec apud litus lacus de Inchruahomok inter prescriptum lacum et
le Coldone, hora quasi duodecima in meridie vel eocirca, sub anno, die, mense,
indiccione, pontificatu et regno quibus supra : Presentibus ibidem konorabili-
bus viris, Alexandra Stewart de Garthwele, Eoberto Nory de Tarbert, Johanne
Knox de Erumanwel, Patricio Bochannen de Ballowin, Thoma Knox, Nor-
mando ]\I'Fersoune de Drumgy, Johanne Galbrath et Macohno Squyar
testibus, cum multis aliis per me vocatis specialiter et rogatis.
Et ego Valterus Nory, presbyter Brechinensis diocesis, auctoritatibus imperiali
regalique notarius, quia premissis omnibus et singulis [etc. in forma
communi].
63. Bond between King James the Fourth and Alexander Earl of
Menteith and others, for the suppression of crimes. — 27th May 1501.
[Contemporary Copy.]
At Perte, the xxvii dai of May, the yer of God ane thoussand fyff hundretht
and ane yer, it is apponttit, agreit, and concordit betuex the Kingis Henes
and Jhone Erl of Athell, Wilyhame Erie of Arrell, Wilyame Lord Grahame,
Alexander Erl of Menteitht, Jhone Lord Drummund, Wilyame Lord Pavan,
Jhone Lord Olyphant, Schyr Wilyame of Murray, Eobert the Maynzeis of
the Weym, Archbald Edmanston of Duntreth, James Herring, James Herring
of Tullyboill, Schyr Jhone of Eattra of that like, Wmfra Murrai of Abyr-
carny, Neil Stewart, Alexander Eobertson, Mungcreil (Moncreif) of that like,
304 MENTEITH CHARTERS. [1501.
Duncan Stewart, aSTeillis sone, Andro Cardenel Lard of Foss, in maner and
form as efftir followis ; that is to say, that al the said personis sal, for tham
selff, thair landis, malingis, steddingis, rowrnys, bailzereis, and office quhat-
sumeuer, in tym to cum, be bunddyn and oblyste, and be this present vrit
binddis and oblisses thame and ilk ane of thame, for thair landis, mailliugis,
steiddingis, rowmys, bailzeis, and office, to our said souerand lord, that thai
sal in al tymys to cum induring the lyfftyme of thame or ony ane of thaim,
and the lyff of oure said souerand lord, keip al maner off personis duelland
and ramanand apon thar propir landis, malingis, stedis, rowmys, bailzeis,
and office quhatsumeuer fra al maner of cryirn efftir followand; that is to say,
common thyfft, common raset of thifft, common gret oppression, common
raset of rabellis and slauchterris ; and gyf ony personis or person ramanand
or duelland apon thair said landis, mailingis, rowmys, steiddingis, bailzereis,
or office, commyttis ony of the said crymis, thai and ilkane off thaim, for thair
said bowndis, sail entir personis or person to the kingis justice aire of Perth,
to vnderly the law for the sammyn, or gyff thai be fugitiui and passis
vthow thair bonddis, sail hald thaim furtht sai that tha sail mak na
rasidens within thaim withtoute that thai bring thaim to the kingis law; and
failzeand, as God forbeid it do, at yhe bring thaim nocht, nor ilkane of
tham, within thair said boundis the kingis lawis, or gyff thai be fugitiui,
to put tham furtht or hald thaim furtht off thair said boundis, thai sail
pai to the Kingis Henes for ilke persone landit xl lib., for ilke gentilman
vnlandit x lib., for ilke common v lib. : Alssua gyff the said personis beis
fugitiui and passis vthow thair boundis, be the quhilke thai ma nocht entir
thaim to the kingis lawis, thai and ilkane of thaim for thair boundis forsaid
sail dewyce and schaw to the Kingis Henes the four halff aboute, and to the
ramanand of the personis bonddin with thaim in thair bandis, quhar that
person or personis is passit to and ramanis, swa that he or thai sail nocht
1501.] BOND FOR SUPPRESSION OF GRIME. 305
ramain in nane of thair boundis : Alssua the said personis sail rasawe
nane vderris personis of vthir landis within thair boundis that ar fngitywe
fra the kingis lawis ; and gyff ony sic persone cumis withtin ony of the
said boundis and ramanis the space off xl dais, the person in quhais boundis
he ramanis in the said xl dais salbe haldin to mak anssuar for hym, and
as he sail for his awyn propir men and tennandis, and wnder the samyn
panis : Alsua the said personis sail thoil na herschippis cum nor gang
throw thaim nor thar boundis, bot thai sail stop thaim or be deforsit with
starkar na thar selff, as salbe noterly knawin to the kingis henes, and all the
hail cuntre ; and mairatour, gyf thai be ony fre tennandis within ony of the
saidis lordis boundis quhilkis rafus or vil rafus to bynd thaim to raleiff thar
lord or masterris or thar tennandis, maillingis and rowmys of this band maid
to the kingis henes, and to keip thaim skaithles at his handis for the
sammyn of thar rowmys, the kingis henes beyn varnit within x dais efftir
this band that thai refussit to bind as said is, than and in that cais the
kingis henes sail owder caus tha personis refussand to bynd to thar lord
and master to raleiff hym of that band of thar rowmys, or ellis sail discharge
that lord of his band in that part quhilk is rafusit. In vitnes of the
quhilk thing the said lordis and barronis has ilkane of thaim be thaim selff
subscrivit this write with thar handis, dai, yer, and place abon vrityu.
Jhone Eel of Atholl. Jhone of Eathea.
Wilzame Loed Geahame. James Heeeing of Clwny.
Jhone Loed Olliphant. Andeo Cabdeny of Fos.
Alexandee Eel of Menteith. Alexandee Eobeetson of Strowan.
Jhone Loed Deummund. Wmfea Muekay of Oggilby.
"Wilzhame Loed Eowan. Neil Stewaet of Fortergil.
Wilzam of Muebay of Tulibardin. Jhone of Munceef of the sammyn.
2 Q
30 G
MENTEITH CHARTERS.
[1503.
64 Bond betwixt Alexander Grahame, Earl of Menteith, and James Earl
of Arran, for mutual defence. — 20th November 1503. 1
Thir Indentures, maid at Edynburgh, the xx day of Nouember, the yeir of
God j m v c and thre yeiris, betuix richt noble and mychti lordis, James Erie
of Arane, Lord Hanimyltoun, etc., on the ta part, and Alexander Erie of
Mentheth on the tother part, in manere forme and effect as efter folowis ; that
is to say, that the said James Erie of Arane, etc., sail stand in afauld band
of kyndenes to the said Alexander Erie of Menteith, in the supple mantein-
ance and defens of him, his kyn and freyndis, in all and sindry thair leiffull
and honest querelis, and to tak his part quhen he requiris him. And in
like wis the said Alexander Erie of Menteith sail stand in afauld band of
kyndenes to the said James Erie of Arane, etc., in the supple, manteiiiance
and defens of him, his kyn and freyndis, in all and sindry thair leiffull and
honest querelis, and to tak his part quhen he requiris him. And for the
obseruyng and keping heirof, the said James Erie of Arane, etc., is bundin
and oblist, be the faith and treuth of his body, the grete aith suorne, the
haly euangelis tuiohit, and nocht to cum in the contrair heirof in tyme to
cum vndre the pane of infame, periure and iuhabilite. And in lyke wis
for the obseruyng and keping hereof, the said Alexander Erie of Menteith is
bundin and oblist, be the faith and treuth of his body, the grete aith suorne,
the haly euangelis tuichit, and nocht to cum in contrair heirof in tyme to
cum vndre the pane of infame, periure and inhabilite. In witues heirof to
the part of this indenture remanand with the said Alexander Erie of
Menteith, the said James Erie of Arane, etc., has affixt his propre sele,
togidder with his subscriptioun manuale, befoir thir witnes, "William Erie
of Montross, Lord Grahame, etc., William Murray of Tolibardin, Walter
1 Original in Duke of Hamilton's Charter-chest.
1508.] OBLIGATION TO EARL OF MONTROSE. 307
Forester of the Tonvod, knychtis, Johne of Knok, son and apperand air to
Ventre Knok of Cragans, Dauid Murray of Megoure, Dauid Murray of
Dowlary and Patrick Grahame, with vytheris diuers, place, day and yeir
forsaid.
rr/—
65. Obligation by Alexander Earl of Menteith to William Earl of
Montrose as to the lands of Kynpunt and Elastoun. — 14th February
1508.
Be it kend till all men be thir present lettres, me, Alexander Erie of
Menteth, to be bundin and oblist, and be thir present lettres and the faith
and treuth in my body, lelelie and treulie bindis and oblissis me to ane nobill
and michty lord, Williame Erie of Montros, Lord Graym, etc., that forsa-
mekle as the said Lord Erie is bundin to me be his lettre obligatour to
warrand, acquiet and defend to me, myne airis and assignais, the landis of
Kynpvnt and Elastoun, with thair pertinence, liand within the sherefdome
of Linlithgw, fra recognitioun and all process of forfatour to be led be our
souerane lord apone the saidis landis of Kynpvnt and Elastoun, quhilk I
hald in free blanch ferme, be charter and sesing of the said Lord Erie of
Montros, and to do and fulfill vtlier thiugis to me anent the securite of the
saidis landis, betuix the day of the dait of thir presents and the feist of
Witsonday nixt to cum eftir the dait of the samyn, like as at mair lenth is
specifyit and contenit in the lettre obligatour maid and gevin to me be the
said Erie of Montros thairapone. Neuirtheles I am and standis content that
308 MENTEITH CHARTERS. [1508.
gif the said Lord Erie of Moutros saufis and defendis the saidis landis of
Kynpunt and Elastoun fra our souerane lordis forfatour and recognitioun
maid thairapone, be his avne anld infeftmentis and euidentis quhilkis he has
to shaw thairapone, quharethrou I and rnyn airis may peceablie brouk and jois
the saidis landis in fre blanchferme, as I and my predecessouris has done of
befor eftir the forme of my charteris and euidentis maid thairapone, in that
cace I sail desir nocht of the said Lord Erie of Montros anent my securite
in the saidis landis, bot alanerly the decreit and deliuerance of the Lordis of
Counsale to be gevin thairapon, and the said Lord Grahamis confirmacioun
in competent dew forme, vndir his sele, apon my charteris and infeftmentis,
quhilkis I haue of the saidis landis confirmand the samyn in fre blanchferme,
siclike as thai ar hald of befor eftir the forme of the said infeftmentis ; or yit
gif sa beis that the saidis landis beis appropriat and forfat to our said souerane
lord be resone of the said recognitioun, and that the said Lord Erie of
Montros compone with our souerane lordis thesaurar, and makis compositioun
for ane new infeftment, in that cace the said Erie of Montros sail infeft
me, the said Alexander, heretablie in the forsaid landis of Kinpunt and
Elastoun with thair pertinent, to be haldin of him and his airis in fre
blanchferme, eftir the form of my said auld infeftmentis, apon the quhilk
chartir and new infeftment swa to be maid and gevin to me be the said Erie
of Montros, he sail gett and deliuer to me our souerane lordis chartir of
confirmatioun in the mair forme vndir the gret sele, apon his expensis, betuix
the day of the dait of thir presents and the said feist of Witsonday nixt
imediatt thairefter followand. The quhilkis thingis abonewrittin beand kepit
and fulfillit in forme and effect foirsaid, as said is, I sail incontinent thaireftir
geif and deliuer to the said Erie of Montros his said lettre obligatour
quhilk he has gevin to me in parchment, vndir his sele, apone the warrandis
and securite of the said landis ; and failzeing that I deliuer nocht the said
1512.] ALEXANDER GRAHAM, EARL OF MENTEITH. 309
lettre obligatour, the premissis beand fulfillit as said is, in that cace I, for
me and myne airis, cassis and adnullis the said lettre obligatour, and frely
quitclemis and dischargis the said Erie of Montros, his airis, executouris
and assignais, of the said obligatioun, and of all pontis contenit thairintill,
and will for me, myne airis and assignais, that the forsaid obligatioun
thaireftir to be of nane avale, strenth, force, nor effect be na maner of way iu
tyme to cum, but cauillatioun, fraud, or gile. In witnes of the quhilk thing
to thir present lettres my sele is affixt at Edinburgh, the xiiij day of Februar,
the yeir of God ane thousand five hundreth and audit yeris, befor thir
witnes, Walter Buchquhanane of that Ilk, Ewir Campbell of Stronquhir,
George Grayme bruther to the said Erie of Montros, and Malice Grayme,
with vthers diuers ; and for the mair witnessing I haue subscriuit this
obligatioun with my hand befor thir witnes, Walter Forester of the Torwod,
Niniane Bonar of Kelty, knychtis, Henry Grayme and Maister Bobert
Grayme, with vther diuers. Alexr. Erll of Mentehet.
66. Charter by Alexander Earl of Menteith to John Colqtjhoun of Luss,
knight, of the lands of the Two Craance and Cragwchte. — 13th July
1512. 1
Omnibus hauc cartam visuris vel audituris, Alexander comes de Menteth,
salutem in Domino sempiternam : Noueritis nos dedisse, concessisse, vendi-
disse, ac titulo vendicionis alienasse, et hac presenti carta nostra confirmasse,
necnou dare, concedere, vendere, alienare, et hac presenti carta nostra
confirmare nobili viro ac dilecto consanguineo nostro Johanni Culquhoun
de Luss, militi, omnes et singulas terras nostras de duabus Craance,
1 Original Charter at Rossdhu.
310
MENTEITH CHARTERS.
[1512.
extendentes aimuatim ad decern libratas terrarum antiqui extentus, cum
pertinenciis, necnon omnes et singulas terras nostras de Cragwchte, exten-
dentes annuatim ad quinque libratas terrarum antiqui extentus cum
pertinenciis, iacentes in comitatu nostra de Menteth, infra vicecomitatum de
Perth, pro quadam certa summa pecunie nobis per dictum Johannem
Culquhoun de Luss premanibus gratanter et integre persoluta in pecunia
numerata, et in vsum nostrum totaliter conuersa ; de quaquidem summa
pecunie tenemus nos bene contentos ac plenarie et integre persolutos, et
dictum Johannem Culquhoun de Luss, heredes suos, executores et assignatos,
quittos inde clamamus, tenore presentis carte nostre imperpetuum : Tenendas
et habendas omnes et singulas predictas terras de duabus Craance, necnon
omnes et singulas terras de Cragwchte, extendentes vt supra, cum earundem
pertinenciis, dicto Johanni Culquhoun de Luss, militi, heredibus suis et
assignatis de nobis et heredibus nostris in feodo et hereditate imperpetuum,
per omnes rectas metas suas antiquas et diuisas . . . ac cum omnibus aliis
et singulis libertatibus, commoditatibus, proficuis et asiamentis ac iustis suis
pertinenciis quibuscunque ... ad predictas terras cum pertinenciis spectan-
tibus, seu iuste spectare valentibus quomodolibet in futurum, libera . . . sine
aliquo retinemento, reuocacione, aut obstaculo aliquali : Eeddendo inde
annuatim dictus Johannes Culquhoun de Luss, miles, heredes sui et assignati,
nobis et heredibus nostris, vnum denarium vsualis monete Scocie ad festum
penthecostes, super solum dictarum terrarum de Craance, nomine albe firme,
si petatur tantum, pro omni alio onere, exaccione, questione, demanda, seu
seruicio seculari, que de predictis terris cum pertinenciis per quoscunque
juste exigi poterunt quomodolibet vel requiri. Et nos vera dictus Alexander
comes de Menteth et heredes nostri omnes et singulas predictas terras de
duabus Craance, necnon omnes et singulas terras de Cragwchte, extendentes
vt supra, cum earundem pertinenciis, dicto Johanni Culquhoun de Luss,
15.39.]
WILLIAM GRAHAM, EARL OF MENTEITII.
311
heredibus suis et assignatis, adeo libere et quiete, in omnibus et per omnia
vt supradictum est, contra onmes mortales warantizabimus, acquietabimus et
imperpetuum defendemus : In cuius rei testimonium sigillum nostrum huic
presenti carte nostre est appensum apud Eosdow, decimo tercio die mensis
Julii anno Domini millesimo quingentesirno duodecimo ; coram hiis testibus,
magistro Jacobo Culquhoun vicario de Dunlop, Willelmo Grame, Murdaco
Stewart, Vmfrido Layng, et Eoberto Watson notario, cum diuersis aliis.
67. Precept of Sasine by William Earl of Menteith to infeft James Earl
of Arran in the lauds of Ilieston.— 14th May 1539. 1
Willelmus, Comes de Menteith, dominus de Kinpout ac superior terrarum
de Elastoun subsciiptarum, dilectis nostris Eoberto Valcar ac eorurn
cuilibet coniunctim et diuisim balliuis nostris in hac parte specialiter
constitutis, salutem. Quia per inquisitionem de mandato supremi domini
nostri regis et ad capellam suam regiam retornatam per vicecomitem factam
de Linlithqw coinpertum est quod quondam nobilis et potens Jacobus Aranie
Comes ac dominus Hammiltoun, pater nobilis et potentis Jacobi, Comitis
Aranie domini Hammiltoun, moderni latoris presencium, obiit vltimo uestitus
et sasitus ut de feodo ad pacem et fidem supremi domini nostri regis de totis
et integris terris de Elastoun cum suis pertinenciis, jacentibus nunc in
dominio nostro de Kynpont et infra vicecomitatum de Linlithqw, que olini
jacuerunt in dicto dominio infra coustabulariam de Linlithqw et vicecomi-
tatum de Edinburgh ; et quod dictus Jacobus, Comes Aranie, est legitimus et
propinquior heres eiusdem quondam Jacobi, Comitis Aranie, patris sui, de
dictis terris cum suis pertinenciis ; et quod est legitime etatis ; et quod de
1 Original in Duke of Hamilton's Charter-chest.
312
MENTEITH CHARTERS.
[1539.
nobis tenentur in capite prout in precepto suprerai domini nostri regis nobis
sasinain prefato comiti desuper dare mandante directo plenius continetur ;
Vobis igitur et vestrum cuilibet coniunctim et diuisim balliuis nostris in hac
parte antedictis precipimus et mandamus quatenus prefato Jacobo, Comiti
Aranie, vel suo certo actomato latori presencium, sasinam hereditariam ac
realem, actualem et corporalem possessionem totarnm et integrarum predic-
tarum terrarum de Elastoun cum suis singulis pertinenciis secundum tenorem
dicti precepti regie nobis ut premittitur directi, juste tradatis et deliberetis,
seu alter vestrum tradat et deliberet, et sine dilatione, saluo jure cuiuslibet ;
et hoc nullo modo omittatis. Ad quod faciendum vobis et vestrum cuilibet
coniunctim et diuisim balliuis nostris in hac parte antedictis nostram omnimo-
dam et irreuocabilem tenore presencium committimus potestatem. In cuius
rei testimonium presentibus sigillum nostrum est appensum vnacum nostra
subscriptione inanuali, apud Edinburgh decimo quarto die mensis Maij,
anno Domini millesimo quingentesimo trigesimonono, coram hiis testibus
domino Andrea Alexander, capellano, Eoberto Grahame, Valtero Awchyll,
barone, Alexandre Drummond, Eoberto Jhonson, et magistro Johanne
Hammyltoun notario publico. 1
(6
ej^/rr^zj.
1 There is an Instrument of Sasine written given to James Earl of Arran. It is dated
on the back of this Precept, showing that ICth May 1539.
infeftment of the lands of Ilieston was duly
1554.] JOHN GRAHAM, EARL OF MENTETTH. 313
68. Commission by Queen Mary to John Earl of Menteith, to administer
justice within Menteith. — 16th August 1554.
Maria Dei gracia Eegina Scotorum omnibus probis hominibus suis ad quos
presentes litere pervenerint salutem. Nbueritis quod fecimus, constituinms,
et ordinauimus ac tenore presentium facimus, constituimus, et ordinamus
dilectum nostrum consanguineum Johannem comitem de Menteith, nostrum
justiciarium in hac parte, infra bondas nostri senescallatus et comitatus de
Menteith, dantes concedentes et committentes illi nostram plenariam potes-
tatem ac mandatum speciale, omnes et singulas personas, de furto, hujusmodi
receptione, incendio lie soruyng, et manifesta rapina delatas, seu delatandas
intra dictas bondas commorautes vel predicta crimina infra easdem commit-
tentes, capiendi, apprehendendi, et eas in flrmantia ac captiuitate quousque
justificari possint ponendi : necnon pro earum justificatione pro eisdem
curiam seu curias nostre justiciarie infra dictas bondas, apud quamcunque
partem siue locum ipsarum, prout illi magis expedire videbitur statuendi,
inchoandi, affirmandi, tenendi, ac quoties opus fuerit continuandi, sectas
vocari faciendi, absentes amerciandi, transgressores puniendi, exitus amer-
ciamenta et eschaetas dictarum curiarum petendi, leuandi, exigendi seu
excitandi, et pro eisdem si necessum fuerit namandi et distringendi, atque
eas nostra vsui importandi, memoratas personas pro prenominatis criminibus
in judicio vocandi, per judicamentum ipsas accusandi, illasque ad cogni-
tionem assise ponendi pro eisdem atque justiciam super eis secundum
declarationem dicte assise legibus hujus regni nostri consuetudini conforme
iusticiam ministrandi seu faciendi, ad hunc quoque effectum deputatos sub
eo in dicto officio unum vel plures, cum clericis, seriandis, iudicatoribus
omnibusque aliis membris et dictarum curiarum ofhciariis necessariis
2 R
314
MENTEITH CHARTERS.
[1554.
faciendi, creandi, substituendi, ordinandi et iurari causandi, pro quibus
respondere tenebitur assisam vnam vel assisas probarum et militarum per-
sonarum prescripti comitatus et senescallatus et quatuor senescallatuum seu
vicecomitatuurn eidem propinquius adiacentium minime suspectarum, veri-
tatem melius cognoscentium ad sufficientem numerum personarum sub pena
quadraginta librarum de qualibet persona non comparente, ad comparendum
coram eis, quibuscunque diebus aut locis per eum vel eius deputatos affixis
siue affigendis ad aceedendum, super assisa dictarum personarum pro
memoratis criminibus summonendi, premuniendi, eligendi, et iurari etiam
causandi, et generaliter omnia alia et singula faciendi, gerendi, exercendi et
vtendi que in premissis et circa ea necessaria fuerint, seu quomodolibet
oportuna, ratum et gratum habentes et babituri totum et quicquid dictus
noster iusticiarius in bac parte, sui deputati et officiarij et ministri in
premissis rite duxerit seu duxerint faciendum : Quare vniuersis et singulis
quorum interest, vel interesse poterit, stricte precipimus et mandamus
quatenus prelibato nostro consanguineo ac iusticiario nostro in hac parte,
suisque deputatis et omciariis in omnibus et singulis premissa tangentibus,
prompte respondeant, pareaut et intendant, sub omni pena que cornpetere
poterit in bac parte : Prouiso semper quod dictus noster consanguineus comes
prescriptus nequaquam vllam personam ad cognitionem vnius assise ponat
absque nostre justiciarie clerico, vel suo deputato, ad videndum quod
justicia omnino ministretur ad huiusmodi presenti : presentibus pro spacio
trium mensium proximo post datam earundem et vlterius nostra durante
voluntate dumtaxat duraturis. Datum sub testimonio nostri magni sigilli,
apud Edinburgb decimo sexto die mensis Augusti, anno Domini millesimo
quingentesimo quinquagesimo quarto, et regni nostri duodecimo.
Per signaturam, manu Marie regine dotarie ac regni regentis subscriptam.
1573.] JOHN WYNRAM, SUPERINTENDENT OF FIFE. 315
69. Letters of Admission and Collation by John Wynram, Superintendent
of Fife, etc., in favour of Malise Grahame, presentee to the vicarage
of Aberfoyle.— St. Andrews, 10th July 1573.
Maister Johane Wynram, superintendent of Stratherne and Monteith, to
Allexander Fargy, Michaell Leirmonth, or to ony vthir minister within my
jurisdictioun, grace, mercy and peax frome our Lord Jesus : Wit ye that our
souerane lordis lettiris, giwin vndir his hemes previe seall, with aduise and
consent of ane nobill and mychtie lord, James Erie of Mortoun, Lord
Dalkeith, Regent to his heines realme and legis, wes directit to me,
presentand to me Malice Grahame to the vicarage of Abirfuill, lyand within
the diocie of Dumblane, now vaicand, in his hienes handis, throw Henry
Seittoune last vicar thairof, hes nocht comperit in presens of me, now his
ordinar, to haif giwin his assent, and to haif subscryvit the articlis of
religioun conteanit in the Actis of Perliament, and to haif giwin his aitht
for acknawleging of his hienes auctorite, and for nocht bringing of ane
testimoniall in writt thairvpoun, and nocht reading baith the said testimoniall
and confessioun, and of new making of the said aith oppinlie on sum Sonday,
in tyme of sermone or publict prearis in the parrocbe kirk, quhair the said
vicarage lyis, within the space mentionat in his hienes Act of Perliament
maid thairanent, etc. : Requyring me to try and examinat the qualificatioun
of the said Malice Grahame, and gif I fand him abill to vse the office of ane
reader within the kirk of God, to resaue and admitt him to the said vicarage,
to resaue the confessioun of his faith, his aith of fidelitie to his hienes, and
dew obedience to his ordinar, etc. Quhilkis thingis I haif done and pervsit,
and findis the said Malice sufficientlie qualifeit to vse and accercies the office
of ane reader in the kirk of God, and thairfor has admittit him, and be the
tennour heirof admittis him to the said vicarage of Abirfull, and to all that
316 MENTEITK CHARTERS. [1573.
pertenis thairvnto ; requyring yow thairfor to pas with the foirsaid Malice to
the kirk of Abirfuill, and thair put him in possessioun of the said vicarage be
putting in his hand and exhibitioun of the buik of God callit the Bible, and
placeing of him in the pulpot thairof ; and thaireftir pas to the manse per-
tening to the said vicarage, and thair in lyk maner gif him possessioun of the
samin be inclucioun of him in the priucipall house thairof, as ye 'will ansuer
to me thairvpoun. Attour we dissyre the lordis of our souerane lordis
cessioun, at the sicht of his hienes presentatioun and of this our admission,
to grant thair lettiris of formes [four] formes to caus the said Malice be
ansuerit and obeyit of all fructis, dewiteis and emoliamentis pertening of law
and consuetude to the said vicarage, provyding alwayis that the said Malice
sal be subiact and obedient to the ordinance of the General Kirk of this
realme ; and in caice it sal happin him to be provydit to ony vthir benefice
within the kirk of God, or for gud caussis to be transports to ony vthir place,
than this provision to be of na awaill, force, nor effect, bot the said vicarage
to be disponit to sum vthir qualifeit persone be the just patrone thairof. In
witnes of the quhilk thing to tliir my lettiris of admissioun and collatioun,
subscryvit with my hand, my seall of office is to hungin. 1 At Sanctandrews,
the tent day of Julii 1573. M. Jhone Wynram,
Superintendent of Straithern.
70. Mutual Bond of Friendship between John Earl of Menteith and
Malcolm MacPharlane, fiar of Gartavertane. — 6th March 1597.
At the Downance, the sext day off Marche, the yeir of God l m v c fourscoir
and seventene yeris, It is appountuat, aggreit, bandit and finalie endit,
betuix ane nobill and potent lorde, Johne Erie off Mentethyt, on that ane
1 The seal is still appended, but much de- legend appears to be S. Superintendent's de
faced. On a shield a ram passant. The Fyfe.
1597.] JOHN GRAHAM, EARL OF MENTEITH. 317
pairt, and Malcome M c Pharland, fear of G-artauartane, on that vther pairt,
in maner, forme and effect as eftir followis : That is to say, forsamekill as
the said nobill lorde hes becum bound and obleist, and be the tennour
heirof bindis and obleissis him and his airis to manteine and defende the
said Malcum M°Pharland and his airis, and to tak plane pairt with him in
all his honorabill and lesum adois aganis all persoun or personis quhatsum-
euir, the Kingis, my lordis cheiff, his lordship's awin howss with the name
of Grahme alanerlie excepit : For the quhilk caussis forsaid the said
Malcum M c Pharland and his airis hes becum bound and obleist, and be the
tennour heirof bindis and obleissis himselff and his airis, be the faithe and
trouthe of his body, to tak plane pairt with the said nobill lorde and his
airis in all the said nobill lordis lesum adois quhatsumeuir, and to giff his
leill and trew seruice to the said nobill lorde and his airis, in manteineing
and defending off his lordship and howss in ryssing, assisting and fortefeing
the said nobill lorde, be himselff, his airis and all that he may command
and mak off the surname of M°Pharland, to the said nobill lordis vse and
honour aganis all personis quhatsumeuir, the Kingis Maiestie, the Douik
Lennox, and the said Malcum's cheiff excepit alanerlie ; and that the said
Malcum nor his airis, nor na vtheris of that surname as he may mak or
commande, sal nather knawe, wit, se, nor heir, prive or onprive, ony hurt or
skathe to the said nobill lorde, his airis or howss, of thair persoun, body,
gudis and geir, bot he and his forsaidis sail forsie and manefest the same to
the said nobill lorde so far as they knawe or get intelligence off at thair
powaris, and that thair salbe nather theift or oppressioun dowin to the said
nobill lorde nor his countray, in selling or takin away heirscheipis or guidis,
bot that the said Malcome and his foirsaidis sail trauell deligentlie be thair
moyane, fortificatioun and assistance, to bring hame the same againe at thair
poware ; and that the said Malcome sal aryess his force and poware at all
318 MENTEITH CHARTERS. [1597.
tymes to the said nobill lorde, as his lordship hes to do aganis all personis
quhatsumeuir, the forsaidis excepit : And in cace the said Malcome or his
forsaidis beis found or tryit ontrew or disobedient in the premissis in leill
and trew seruice, or vtherwayis, the said nobill lorde to be frie as this band
nor contract haid newir being maid, and the same to tak na effect heirefter ;
and for the mair vereficatioun, keping and observing off the premissis, baythe
the saidis pairties in taking of thair consent, hes subscriuit the same, yeir,
day and place forsaidis, as als the said nobill lorde bindis and obleissis him,
his airis and seruandis, to asseist the said Malcome in cace he haue to do in
like maner, befoir thir vitnes, Williame Grahme of Duchray, Thome G-rahame,
and Johne Henrysone.
J. G. E. Munteth.
Williame Grahame of Douchray as wittnes.
Thomas Grahame, witnes.
Johne Henrysone, vitnes.
71. Commission by King James the Sixth, appointing William Earl of
Menteith Justice within his Earldom. — 15th February 1621.
James E.
James, be the graice of God King of Greit Britane, France and Ireland,
Defendair of the faith, to all and sindrie oure leigeis and subiectis quhome it
effeiris, to quhose knowledge thir our lettrez sail come, greitting : Forsa-
mekle as the crymes of thift, ressett of thift and pykrie ar become to be
most frequent and commoun within the boundis of the erledome of Monteithe,
perteneing heretablie to oure right traist cousigne Williame Erie of Monteith,
the committaris of the quhilkis crymes takes the greattair bauldnes to
contenow thairintill becaus no persones are authorized nor cled with oure
power and commissioun to tak ordour for repressing of the saidis crymeis,
1621.] WILLIAM GRAHAM, EARL OF MENTEITH. 319
pvnisching of the committaris thairof, and reteneing and keiping of the
inhabitantis within the saidis boundis, vnder oure obedyence; and we,
vnderstanding the goode and worthie dispositioun of oure said cousigne the
Erie of Menteith to do ws seruice, and his goode inclinatioun to justice, and
to suppres and pvnische all offensis committit within his boundis : Thairfoir
we haue rnaid and constitute, and be the tennour heirof makis and constitutes
oure said cousigne and his bailleis, for whome he sal be haldin to ansuer,
oure Justiceis in that pairt within oure said cousigne his haill boundis of the
erledome of Menteithe, to the effect vnderwreittin, giveand, grantand and
committand vnto thame oure full power- and commissioun, expres bidding
and charge, to pas, searche, seik, tak and committ to waird all and sindrie
persones inhabitantis within the saidis boundis, being oure said cousigne his
awne rernoueabill tennentis, who are suspect and dilait of the crymes abone
wreittin, or ony of thame, quhaireuir thay may be apprehendit, and to putt,
hold, keepe and deteene thame in sure firmance and captiuitie, ay and quhill
justice be ministratt vpoun thame, conforme to the lawis of oure realme ;
and for this effect justice courtis, ane or mae, within the boundis abone
specifeit, to sett, begin, affix, hold and contenow, suittis to mak be callit,
absentis to amerchiat, vnlawis, amerchiamentis and escheittis of the saidis
courtis to ask, lift and rais, and for the same, gif neid beis, to poynd and
distrenzie, and in the same courte or courtis the saidis remoueabill tennentis
to call be dittay, to accuse, and thame to the knawledge of ane assyse to putt,
and as thay sail be fund to be culpable or innocent of the saidis crymes, to
caus justice be ministratt vpoun thame for the same, conforme to the lawis
of our realme, assyssis neidfull for this effect, ilk persone vnder the paine of
fourtie pundis, to summond, warne, cheese, elect and caus be sworne, clarkis,
seriandis, dempstaris, and all vtheris officiaris and memberis of courte* neid-
full to mak, creat, substitute and ordane, for whome our said justice salbe
320 MENTEITH CHARTERS. [1621.
haldiu to ansuer ; the escheatis of the persones who salbe convict and execute
to the deade, or who sal become in will or be fugitiue for the saidis crymeis,
to intromett with and vplift, and for the same, gif neid beis, to poynd and
distrenzie, the ane halff thairof to oure vse to imbring, and compt thairof in
oure exchekker to mak, and the vther halff to oure said justice his awne
vse, for his lawbouris, to apply ; and generallie all and sindrie other thingis
to do, exerce and vse quhilkis for executioun of this oure commissioun are
requisite and necessair, ferme and stable halding and for to hald all and
quhatsumeuir thing salbe laughfullie done heirin ; chargeing heirfoir yow,
oure leigeis and subiectis, to reuerence, acknawledge and obey, concure,
fortifie and assist oure saidis justiceis in all thingis tending to the executioun
of this our commissioun, as ye and ilk ane of yow will ansuer vpoun your
obedyence at your heighest charge and perrell, and this oure commissioun for
the speace of ane yeir allanerlie, but reuocatioun, to indure. Givin vnder oure
signet at Edinburgh, the fyftene day Februair, and of oure regnnis the
auchtene and fiftie four yeiris, 1621.
George Hay. Al. Cancell 8 -
S. G. Murray. Melros.
Ejlsayth. Lauderdaill.
[Indorsed:] Apud Edinburgh, decimo quinto February 1621.
Red, past, and allowit in Counsell. J. Prymrois.
72. Eesignation by Adam Bishop of Dunblane, in favour of William
Earl of Menteith, of the Patronage of the Church of Aberfoyle. —
17th September 1622.
Be it kend till all men be thir present lettres, ws, Adame bischop of Dum-
blane, Forsamekle as we, having deiplie considderit the great necessitie
1622.] PATRONAGE OF CHURCH OF ABERFOYLE. 321
quhilk that desolat congregatioun of Aberfule presentlie hes of ane pastor,
qukair neuer in no manis memorie leving thair wes ony resident minister to
preatche the word of God, nor minister his holie sacramentis, quhairthrow
the maist pairt of the paroschinneris thairof remanes in great blindnes and
ignorance ; and seing now the richt noble erle, William Erie of Monteathe,
Lord Kilbryd and Kilpimt, heretour of the said haill parochin of Aberfule,
for the weill of the saules of his awin people, vassellis, tennentis, and vtheris
parochineris, is content, of his awin frie motive will, and out of his awin
present rent, to provyde ane competent stipend to ane minister for serving
the cure at the said kirk of Aberfule in all tyme curning, and to niak the
glebe and manse voyde and red of the present possessoris thairof, and to that
effect hes, at the dait of thir presentis, be contract and appointment,
obleist him and his airis thairto, as thairin is at lenth contenit : Thairfoir,
in recompence to the said noble erle, and for his farder incurradgment in this
godlie and religious work, witt ye ws, for the caussis foirsaidis, and diuers
vtheris wechtie cawssis and consideratiounis moving ws thairto, to haue
dissolved, lykas we be thir presentis dissolves, in all tyme cuming, fra oure
said bischoprick of Dumblane, the patronage of the said kirk of Abirfule,
personage and viccarage thairof, that the same and richt thairof may be
establisched for euer be the lawis of this realme, in the persone of the said
William Erie of Monteathe, his airis maill and successoris, and thairfore hes
maid, constitute and ordanit, and be the tennour herof makis, constitutis and
ordanes and ilk ane of thaim, coniunctlie
and seuerallie, oure verie lauchfull, vndoubtit and irrevocabill procuratouris
actouris, factouris, erand beraris and speciall messingeris to the effect vnder-
writtin, geveand, granttand and committand to thaim and ilk ane of thaim,
coniunctlie and seuerallie, as said is, oure full, frie, plane power, general! and
speciall command, expres bidding and charge, for us and in our name, to
2 S
322
MENTEITH CHARTERS.
[1622.
compeir befoir oure richt heiche, michtie, and illustre prince and soverane lord,
James, be the grace of God King of Great Britane, France and Ireland, Defender
of the faithe, or befoir the Lordis of his hienes privie counsall of this king-
dome of Scotland, havand power and commissioun of his hienes during his
absence furthe of this realme, to ressaue and accept resignatioun of landis and
vtheris within the samyn, and grant infeftmentis thairvpoun, and thair with
all humihtie and decencie requisite, genibus fiexis, frielie, according to the
lawis of this kingdome, to surrander and vpgiff in his Maiestie's handis, or
his saidis commissionaris, oure immediat superiouris thairof, all and haill the
said patronage of the said kirk of Aberfule, personage and vicarage thairof,
in speciall favouris and for new and heritabill infeftment, to be gevin bale
agane of the samyn to the said noble erle, his airis maill and siiccessouris
foresaidis : Lykas we, be thir presentis, for the caussis abone writtin, frelie
surranderis and vpgiffis fra oure said bischoprick, in all tyme cuming, all and
haill the said patronage, personage and vicarage, of the said kirk of Aberfule,
in speciall fauouris, and for new and heretabill infeftment, to be gevin bak
agane of the samyn to the said noble erle, his airis maill and successouris
foresaidis, as is befoir contenit ; actis, instrumentis and documentis thairvpoun
to ask, lift and raise, as neid beis, and generallie all and sindrie vther thingis
necessar and requisite in the premissis to do and vse that to the office of
procuratorie in sic caissis of law or consuetude of this realme necessar is
knawin to appertene, or that we mycht do thairin our selffis gif we war
personalie present; firme and stable, etc., frelie, quyetlie, etc., but ony
reuocatioun, etc. : And we obleis us and our successouris to iterat and renewe
thir presentis als oft and in sic sure forme and maner as the said noble erle
or his foresaidis sail devyse, chuse and think expedient, be the sicht and
advyse of men of law and judgment: And for the mair securitie we ar
content, and consent that thir presentis be insert and registrat in the bookis
1631.] PATENT OF EARLDOM OF STRATHERNE. 323
of Counsall and Sessioun, and that lettres and executoriallis as effeiris be
direct heirvpoun ; and for registering heirof, constitutis
coninnctlie and seuerallie, our lauchfull procuratouris, promittens de rato :
In witness of the quhilk thing, writtin be Johnne Eobene, notar in Stirling,
we haue subscryvit thir presentis with our handis at Logie, the sevintene
day of September, the yeir of God l m vi° twenty and tua yeiris, befoir thir
witnessis, Mr. John Bollock, Commissar of Dumblane, Thomas Cragingelt of
that Ilk, Mr. Harye Schaw, minister at Logye, and the said John Eobene.
Mr. Johne Eollok, witnes. Ad. B. of Dunblane.
M. Henry Schaw, witnes.
T. Craigingelt of y* ilk, witnes.
Jo. Eobene, witnes.
73. Patent under the Great Seal of King Charles the First creating William
Eakl of Menteith Eael of Steatheene and Menteith. — Oatlands,
31st July 1631. 1
Caeolus, Dei gratia Magne Britannie Francie et Hibernie Eex, fideique
Defensor, omnibus probis hominibus suis ad quos preserves litere peruen-
erint, salutem : Sciatis quia nos amino nostro recolentes quod predilectus
noster consanguineus et consiliarius, Willielmus comes Taichie lie
Menteth, preses nostri secreti consilii deseruitus et retornatus existit indubi-
tatus heres sanguinis quondam Davidis comitis de Stratherne sui proavi
proavie patris filii legitimi quondam Eoberti Eegis secundi nostri predices-
soris felicis memorie cuiquidem quondam Davidi comiti de Stratherne
et heredibus suis, dictus quondam Eex Eobertus secundus ejus pater, per
1 Eegistrum Magui Sigilli. Lib. liii. So. 4S.
324 MENTEITH CHARTERS. [1631.
duas diuersas cartas, vnarn earundem de data apud Edinburgum, decimo
nono die mensis Junii et anno regni sui primo ; ac alteram earundem de
data apud Perthum, tertio die mensis Julii dicto que anno regni sui primo,
disposuit comitatum de Stratherne, cum omnibus annexis et pertinentiis
ejusdem : et quamvis prefatus Willielmus comes Taicbie tanquam heres
predictus ad predictum comitatum de Stratberne, jus bonum haberet,
memoratus tamen comes, ex huniili respectu quern erga sacrosanctam
nostram personam gerit per literas suas renunciationis de data vigesimo
die mensis Januarii anno Domini millesimo sexcentesimo trigesimo,
ac registratas in general! registro, secundo die mensis Martii proxime
sequentis, renunciavit omne jus et titulum quern ad dictum comitatum de
Stratberne babere potuit in fauorem nostrum et successorum nostrorum ;
reseruatis dicto Willielmo comiti Taichie terris et baronia de Kilbryde,
aliisque in dicta renunciatione mentionatis, cum bac expressa prouisione
quod dicta renunciatio non sit prejudicio dicto comiti suisque predictis, de
eorum jure et dignitate sanguinis ad ipsum tanquam heredem linee prefati
quondam Davidis comitis de Stratherne pertinentibus, prout dicta renun-
ciatio in se latius proportat : Et nos magnopere volentes quatenus prefatus
Willielmus comes Taicbie, heredes sui masculi et successores in jure et
titulo comitatus Iernie lie Stratherne gaudeant, succedant, et fruantur pre-
dicto titulo, loco et dignitate iis debito per dictas cartas et infeofamenta per
dictum quondam regem Eobertum secundum concessas memorato quondam
Davidi comiti de Stratherne, ejus filio, suisque beredibus ejusdem comitatus
de Stratherne, in quantum ad titulum, locum, et precedentiam iis tanquam
comitibus debitum attinet; igitur ratificavimus, approbauimus, tenoreque
presentium pro nobis et successoribus nostris ratificamus et approbamus
prefatum titulum, honorem, dignitatem, et locum comitis prefato Willielmo
comiti Taichie suisque predictis debitum virtute dictarum cartarum per
1631.] PATENT OF EARLDOM OF STRATHERNE. 325
dictum quondam regem Eobertum secundum eoncessaruni prefato quondam
Davidi comiti de Stratherne suisque heredibus : Ac volumus et concedimus
quod prefatus Willielmus comes Taichie heredesque sui masculi et tallie
dicti comitatus Taichie, Comites Iernie et Taichie lie Stratherne et Menteth
omni tempore affuturo appellentur et vocentur ; et quod gaudeant, fruantur,
et possideant prefatum titulum et dignitatem comitum Iernie et Taichie, in
omnibus publicis comitiis, conventibus et parliaments, omnibusque aliis
conventionum locis, cum iisdem privileges, libertatibus, gradibus et locis
prefato quondam Davidi comiti de Stratherne suisque heredibus per dictum
quondam regem Eobertum secundum ejus patrem concessis, et cum pre-
cedentia et prioritate ante quascunque alias personas factas et creatas
comites post datam dictarum cartarum et earum alterius, omnesque alios
qui antiquiora infeofamenta, literas patentes et documenta pro eorum titulo
et dignitate comitatus, anteriora dictis cartis per dictum quondam regem
Eobertum secundum predicto quondam Davidi comiti de Stratherne con-
cessis producere nequeant. In cujus rei testimonium presentibus magnum
sigillum nostrum apponi precepimus, apud aulam nostram de Oatlandis,
vltimo die mensis Julii anno Domini millesimo sexcentesimo trigesimo
primo, et anno regni nostri septimo.
Per signaturam manu supremi Domini nostri Eegis suprascriptam, nec-
non manibus quorundam dominorum Scaccarii Commissionariorum
subscriptam.
326
CHARTERS OF THE PRIORY OF INCHMAHOME.
74. Lettees by William Bishop of Glasgow, and Geoffrey Bishop of
Dunkeld, permitting Walter Comyn, Earl of Menteith, to build a
house of Augustinian Canons at Inchmahome, etc. — 1st July 1238.
Universis Christi fidelibus hoc scripturn visuris vel audituris, Willielmus
et Galfridus Dei gratia Glasguensis et Dunkeldensis Episcopi, eternam in
Domino salutem : Mandatum Domini Pape in hec verba suscepimus :
Gregorius episcopus seruus seruorum Dei, venerabilibus fratribus Glasguensi
et Dunkeldensi episcopis salutem et apostolicam benedictionem : Venerabilis
frater noster episcopus Dunblanensis in nostra proposuit presentia con-
stitutus, quod cum olim ecclesia Dunblanensis per centum [decern] annos et
amplius vacauisset, fere omnia bona ejus fuerint a personis secularibus
occupata, et licet processu temporis fuissent in ea plures episcopi instituti,
per simplicitatem tamen et incuriam eorundem non solum revocata non
fuerunt taliter occupata, verum etiam reliquie que occupantium manus
effugerunt alienate sunt fere penitus et consumpte, propter quod nullus
ydoneus induci poterat ad onus hujusmodi assumendum, pene per decern
annos eadem ecclesia interim pastoris solatio destituta; Cumque nos
postmodum intellecto miserabili statu ejus, venerabilibus fratribus nostris
Sanctiandree et Brechinensi episcopis ac tibi frater Dankeldensis provi-
sionem ipsius duximus committendam Tu et iidem episcopi sperantes
dictam ecclesiam per jamdictum episcopum posse de lacu miserie respirare,
ipsum eidem ecclesie prefecistis, quam supradictus episcopus invenit adeo
desolatam quod non repperit ubi posset caput suum in cathedrali ecclesia
1238.] FOUNDATION OF THE PRIORY. 327
reclinare : Nullum collegium erat ibi, sed in ipsa ecclesia discooperta
quidam capellanus ruralis divina officia celebrabat; ipsius quoque episcopi
redditus sunt adeo tenues et exiles quod vix per dimidium anni potest
exinde congrue sustentari ; quia vero instantia nostra quotidiana est omnium
ecclesiarum solicitudo continua, fraternitati vestre per apostolica scripta
mandamus, quatenus ad eandem ecclesiam personaliter accedeutes, si rem
inveneritis ita esse, quartam partem decimarum omnium ecclesiarum par-
ochialium Dunblanensis diocesis faciatis, si absque gravi scandalo fieri
poterit, prefato episcopo assignari, ut ipse de vestro et bonorum virorum
consilio, reservata sibi de ipsis pro sustentatione sua congrua portione,
decano et canonicis quos ibidem per vos institui voluimus et mandamus,
assignet ; alioquin assignata ipsi episcopo quarta decimarum omnium
ecclesiarum ejusdem diocesis que a personis secularibus detinentur, sedem
episcopalem ad monasterium sancti Joannis canonicorum regularium pre-
dicte diocesis transferatis, eligendi episcopos cum ecclesia ipsa vacaverit
canonicis ipsis imposterum potestate concessa; contradictores si qui fuerint
et rebelles per censuram ecclesiasticam, appellatione postposita, compescendo :
Datum Viterbii tertio idus Junii pontificatus nostri anno undecimo. Hujus
igitur auctoritate mandati, cum tam dictus episcopus Dunblanensis quam
Valterus Cumyng comes de Menteth in nostra presentia essent constituti,
post altercationes, ordinationi nostre se subjecerunt super omnibus conten-
tionibus et querelis inter ipsos motis, vel que aliquo tempore poterint super
infrascriptis moveri, et super reformatione status ecclesie Dunblanensis, nos
habito vero virorum prudentium consilio, in hunc modum inter eos ordina-
vimus, videlicet, Quod dictus episcopus Dunblanensis nomine ecclesie sue,
pro se et successoribus suis omnibus renunciet onini juri quod episcopi vel
antecessores sui nomine ecclesie Dunblanensis habuerunt, vel habere potuerunt
vel poterint in terris vel denariis receptis de terris, et in canis omnibus
328
CHARTERS OF INCHMAHOME.
[1238.
ecclesie, et denariis annuatim ab ecclesiis comitatus de Menteth, in quibus
dictus comes jus obtinet patronatus nomine pensionis, perceptis, ut dicebat
dictus episcopus, et omnibus querelis, exactionibus, vel demandis inter eos
motis, vel que aliquo tempore ab ipso vel antecessoribus suis contra dictum
comitem vel antecessores suos moveri poterant vel poterunt supra predictis :
Ordinavimus etiam quod licitum sit dicto comiti et successoribus suis,
domum virorum religiosorum ordinis Sancti Augustini in insula de Inck-
maqubomok construere, sine impedimento vel contradictione dicti episcopi
vel successorum suorum : Assignavimus etiam ex collatione dicti comitis, et
de voluntate et assensu dicti episcopi, in puram et perpetuam elimosinam
illis viris religiosis in dicta insula Deo servientibus, ecclesias de Lanyn et de
dicta insula, cum omnibus libertatibus et aisiamentis ad dictas ecclesias
pertinentibus, salvis episcopalibus dicto episcopo et successoribus suis ; et
sciendum est quod non licebit dicto episcopo vel successoribus suis in dictis
duabus ecclesiis perpetuos vicarios facere, sed bonesti capellani episcopo
presententur, qui ipsi de cura animarum et de spiritualibus et episcopalibus
respondeant : Ordinavimus insuper ut dictus comes, pro se et successoribus
suis, concedat et assignet ecclesiam de Kippen ad perpetuum canonicatum in
ecclesia Dunblanensi, salvo sibi et successoribus suis omnibus in perpetuum
jure presentandi ad dictum canonicatum, quotiescunque vacare contigerit;
ordinavimus similiter ut idem comes, pro se et successoribus suis, cedat
eidem episcopo et successoribus suis, quicquid juris babuit in ecclesia de
Callendar. Ut autem bee ordinatio nostra rata et inconcussa permaneat,
huic scripto sigilla nostra unacum sigillo dicti episcopi Dunblanensis
apposuhnus, bis testibus existentibus in consilio, apud Perth, anno gracie
millesimo ducentesimo tricesimo octavo, in octavis Sancti Joannis Baptiste,
scilicet, G-. episcopo Aberdonensi ; de Aberbrothoc, et de Scone, et de
Cambuskenneth, et de Inchaffray, abbatibus ; Magistro Petro de Piamsay
1526.] ANDREW PRIOR OF INCHMAHOME. 329
Magistro M. archidiacono Glasguensi, Magistro W. decano Glasguensi, et
multis aliis. 1
75. -Lease by Andrew, Prior of Inchmahome, to Andrew Stewart and
Elizabeth Maistertoun his Wife, of the lands of Drumlanikloch.
—16th April 1526. 2
Be it kend till all men he thir present lettres, ws, Andro, be the permissioun
of God prior of Inchemahomo, with full consent and assent of all our conuent
cheptourlie gadderit, to haif sett and for maill lattin, and be thir oure present
lettres settis and to maill lattis, to our lowit seruitour Andro Stewart and
Elezabetht Maistertoun his spons, and to the langer levar of thaim twa, and
to thair executouris and assignais, sua thai be of na greter reputacioun nor
degre na thaim self, and thair subtenentis ane or maa, all and sindry oure
landis of Drumlanniklocht, togidder with twenty schillyngis wortht of oure
landis of Arniclerycht, with thare pertinence, liande within our barony of
Cardross and sherefclome of Pertht, for all the dais and termes of nyntene
yeris, fullely to be compleit and all togidder outrovne, nixt and immediat
folowand the dait of thir present lettres ; the entra of the saiclis Andro and
1 In an old paper, entitled "Ane Inventor scriptive on the Priory of Inelimahome," 4to,
of sum of my vrettis quhieli doth ly in ane Edinburgh, 1S15, the author, Mr. W. Mac-
ohartour lust within the He of Uantullo," gregor Stirling, states that he had obtained
partly holograph of William, seventh Earl of the document of 1238 through the late Mr.
Menteith, and signed by him, dated about Thomas Thomson, Deputy-Clerk-llegister of
1622, the following is the first entry : — " (1.) Scotland ; but the original writ cannot now
Item, ane apointment betuix Waltor Cum- be traced either in the General Register
ing, Erie of Monteith, and the bishops of House or in any other repository. The pre-
Dunkell and Dunblane, be the direction of sent print is made from a copy in the Cartu-
the Pope, quhair the saidEarlle giues libertie lary of Inchaffray, and a copy in Mr. Mac-
to the churchmen to build ane abbasie within gregor Stirling's "Priory of Inchmahome."
his Hie of Inchmahome, of the dait 123S."
This undoubtedly refers to the writ of 1st 2 Original in H. M. General Register House,
July 1238. In "Notes Historical and De- Edinburgh.
2 T
330
CHARTERS OF INCEMAEOME.
[1526.
Elezabetht his spouse, thare executouris, and assignais, and subtenentis aue or
ma, as said is, in and to the tak and assedatioun of all and sindry the forsaid
landis of Prumlanniklockt, togidder with the twenty schillingis wortht of
land of Arniclerycht, with thare pertinens, sal be at the fest of Vitsonday,
nixt and immediat foloande the dait of thir presentis, and fra thin furtht till
indur, and to be brukit, and joisit, be the saidis Andro, Elezabetht his spous,
and the langer levare of thaim twa, coniunctlie and seueralie, thair execu-
touris, assignais, and subtenentis ane or ma, as said is, on to the ische and full
complet ende of the saidis nyntene yeris, as the saidis landis and maling lyis
in lentht and breid, be all rycht merchis auld and diuisit, in housis, biggingis,
feildis, pasturis, and lesouris, with commone pastur, fre ische and entre, and
with all other and sindry fredomes, commoditeis, asiamentis, prophetis, and
rychtuis pertinens thareto pertenand, or rychtuislie sal be knawin to per-
teyne be ony maner of way in tyme to cum, frelie, quietlie, weill, and in
pace, but ony impediment, obstacle, or reuocatioun quhatsumeuir : The saydis
Andro and Elezabetht his spous, and the langer levare of thaim twa, con-
iunctlie and seueralie, and thare executouris and assignais, and subtenentis
ane or ma, as saidis is, payand herfor yerlie ilk yer, of mail to ws and oure
successouris, factouris, and intromittouris, the sovme of fyfty schillingis gud
and vsuall mony of Scotland, at twa vsuall termes in the yer, videlicet,
Vitsonday and Mertimes in wynter, be equal portionis, with auriagis, cariagis,
and all other deviteis and dewseruice audit and wonth for all oder chargis
heirof quhatsumeuer : Ande we forsutht the said Andro, prior, and our
conuent and our successouris, the said tak and assedatioun of all and sindry
the saidis landis of Drumlanniklocht, togiddir with the twenty schillingis
land of Arniclerycht, with thare pertinens, for all and sindry the dais and
termes of nyntene yeris, to the saidis Andro Stewart, Elezabetht Maistertoun
his spous, and to the langer levare of thaim twa, coniunctlie and severalie,
1548.] DISCHARGE BY MARY QUEEN OF SCOTS. 331
thare executouris and assignais, swa that thai be of na gretter degre nor
reputaciouu na thareselfis, and thare subtenentis ane or ma, aganis all deidly,
sail warrand, acquiet and defend, all fraud, gile, cauillatioun and evill ingyne
remowit and excludit : In witnes of the quhilk thing, to thir oure present
lettres of assedatioun we haif affixit and hungyn the commone sele of oure
eheptour, togidder with the subscriptionis of oure handis, at Inchemahomo,
the sextene day of the monetht of April, in the yere of Gode ane thousand
fife hundretht tueuty and sex yeris, befor thir vitnes, Georgis Stewart, Johne
Nicholsoune, Watte Yonge, Patrik Moresoune, and Johne Pangye, with oderis
diuerse, etc.
Andrew Prior of Inchemahomo. Dene James Thomsoun, ad idem.
Dene James Bad, sub-prior ad idem. Dene Thomas Makclellane.
Dene Johne Hutoun, ad idem. Dene Adam Cristeson.
Dene Duncane Pryngyll. Dene Jamis Bradfut.
Dene Jhon Yongman. Dene Jhone Mont. 1
Dene Adam Peblis, ad idem.
76. Discharge by Queen Mary and by the Earl of Arran, her Tutor
and Governor, and the Lords of the Privy Cocncil, to John Lord
Erskine and Alexander Lord Livingstone, guardians of her person.
— Lethington, 20th July [1548]. 2
Marie, be the grace of God, Quene of Scottis, to all and sindry oure legis
and subiectis and wtherris to quhome thir our present letteris sail to cum,
greting : Forsamekill as in oure Perliament haldin in oure abbay of Hading-
tone, the sevyn day of the monetht of Julii instant, it wos be the Quenis
grace, oure derrest moder, our traist and derrest cusing, James Erie of
1 The seal is still attached, though a portion 2 Original Discharge in Lord Elphinstone's
of it has beeu broken off. Charter-chest.
332 CHARTERS OF INGHMAEOME. [1548.
Arraue, Lord Hammiltoun, etc., oure tutour, protectour and gouemour of
oure realme, and the thre estatis of the saniyn, awisit, ordinit, consentit,
appoyntit, and concludit oure mariage to be contractit with the Dolphyne of
France, as is at lentht contenit in the acte maid thairvpone ; and sic lik our
said derrest moder, our tutour and governour foirsaid, and Lordis of our
Counsall, hes thocht expedient and necessar that we be transportit to our
derrest broder the niaist Cristiane King of France, and to remane with hym
in his realme quhair he thinkis expedient; and als knawing and vnderstanding
the leile, trew, anefald, and deligent seruice done to ws in all tymes bigane
be oure cusingis and counsalouris Jhone Lord Erskyne and Alexander Lord
Lewingstoun, specialie in the faithfull keping of oure persone, hes dewisit
and ordinit thame to depart furtht of oure Castell of Dunbritane, and pass
with ws to the partis of France. And albeid att oure saidis cusingis, Jhone
Lord Erskyne and Alexander Lord Levingstoun, wer off befoir, in the
monetht of September last bypast, sone eftir the feild of Pynkyne Clewiche,
quhen we wer transportit furtht of oure Castell of Streviling to the lie of
Inchemaquhoruo be our said derrest moder, oure tutour and gouemour and
Lordis of our Counsall beyng than in the said He, dischargit and exonerit of
all forder keping of ws, and of the actis and ordinance maid thairvpone of
befoir for the evident perrell than apperand, and wther necessar causis
considerit be thame, quhilk discharge we, oure said derrest moder, tutour and
gouernour, and Lordis foirsaid, ratifeis and approvis be thir presentis ; and
als nochtwithstanding that oure said cusingis hes maid gud, trew, and
faythtful seruice in the diligent keping of oure persone sen the said discharge
vnto this day : Heirfor, and for wther ressonabill causis and considerationis
moving ws, our said derrest moder, tutour and gouernour, and Lordis
foirsaid, witht consent, assent, awys and auctorite of thame, be the tenour of
thir our letteris, exoneris and dischargis oure saidis cusingis of all obliga-
1548.]
JOHN ERSKINE, PRIOR OF INCHMAHOME.
333
tionis, actis, contractus and ordinance quhatsumewir, quhairthrow that thai
or ather of thame wer bund and oblist ony maner of way to haife kepitt ws,
and of all maner of actioun that may fallow thairvpone, or be imput to
thame or ather of thame, thair airis or successouris thairthrow ; and for the
rnair securite of our saidis cusingis, commandis and ordinis thir oure letteris
to be registrat in oure bukis of Counsall, and discernis that thai sail haife
the effect and strentht of act and decreit of the sam. Gevin vnder oure
prevay sele, and subscrivit be our said derrest moder, tutoure and gouernour,
and Lordis of our Counsall foirsaidis, at Lethingtoun, the tuenty day of
Julii, and of our regnne the sext zeir, etc.
Jhone, Bischop of Dunkeld.
William, Bischop of Aberdeen.
Patrick, Bischop of Moraye,
etc.
Jhone, Biscop of Brechin.
George, Bishop of Orknay.
D. de Cupro.
James G.
Ard. of Angus.
A. Erl of Ergyle.
M . . . ell Boss.
George, Oommen-
dator of Dun-
fermlvn.
George L. Home.
Henry Lord Methuen.
William Lord Ruth-
uin, prewe seill.
Jhon L. Borthwick.
Dunkeld, thesaurarius.
77. Lease by John, Commendator and the Convent of Inchmahome, to
Alexander Mentetht in Polrnonthtmyln and his Sons, of the lands
of Lochend, in the shire of Perth. — 29th July 1548. l
Be it kend till all men be thir present lettres, vs, Johne Commendatour of
Inchmahomo and convent of the samyn, cheptourlie gaderit, our vtilite and
proffnt befoir seine, to haue set and in assedatioun lattin, and be thir
presentis settis and in assedatioun lattis, to our louittis Alexander Mentetht
in Polrnonthtmyln, Villiame Mentetht, Henry Mentetht, Archbald Mentetht,
1 Original Lease in Cardross Charter-chest.
334 CHARTERS OF INCHMAHOME. [1548.
and Alexander Mentetht, his sonnis, the langer lewar of thame, thair aris,
assignais, and subtenentis, ane or ma respectiue, all and hale our landis and
steding callit the Lochende, extending to fourty schilling wortht in our
rentale of land of aid extent, quhilk the said Alexander presentlie lies of vs
and occupiis be his subtenent Lucas Keir, lyand in our lordschip of Cardross,
within the scherefdome of Pertht, for all the dais, space, and termes of nyntein
yeris nixt and immediatlie to be compleit eftir the said Alexander and per-
sonis foresaidis enteres heirto, quhilk salbe at the day of the dait of thir
presentis, and fra thynefurtht to be peciablie breukit, set, vsit, or disponit be
the said Alexander and personis foirsadis, thair aris or assignais respectiue,
as said is, vnto the compleit end of the said nynteine yeris, with houssis,
bigingis, yardis, toftis, croftis, infeildis, outfeildis, mvris, mossis, medois, petis,
and turvis, commouu pastuir, fre ische and entray, and with all and sindrie
otheris fredomes, asiamentis, proffltis, and commoditeis pertenin to the said
sted and landis, or that rychtuislie ma pertene ony maner of way, and witht
power to input and output subtenentis and laboraris vndir thaim, ane or ma,
als oft as thai sail think expedient and proffitable, frelie, quietlie, wele, and
in pace, but ony obstakle or impedyment quhatsumeuir : Payand heirfoir
yeirlie, the said Alexander Mentetht, Villiame, Henry, Archibald, and
Alexander, his sonnis, thair aris, assignais, or subtenentis, ane or ma respec-
tiue, during the said space of nyntene yeris, to vs, our successouris or
chamerlanis for the tyme, the sovim of fourty-thre schillings and four penneis
-vsuall mony of Scotland, at tua vsuall termes in the yeir, Witsonday and
Mertymes in wintir, be evinlie portiones allanerlie, with areage, careage,
and doseruice vsit and wont, sic as the said Alexander and his subtennents
hes pait in tymes bipast alanerlie, for all other doseruice, exactioun, ques-
tioun, or demand that ma be askit of the saidis landis during the said space
ony maner of way ; and we forsutht, the saidis Cormnendatour and convent,
1555.] DAVID ERSKINE MADE PRIOR. 335
bindis and oblis vs and our successouris this present tak and assedatioun in
all pointis, as is abone writin, to the saidis Alexander Mentetht, William,
Henry, Archbald, and Alexander, his sonuis, thair aris, assignais, or sub-
tenentis, ane or ma respectiue, during the said space of nynteine yeris, aganis
all deidlie sail varrand, acquiet, and defend : In witnes heirof to thir our
present lettres of assedatioun, subscriuit witht our awin handis, our commoun
sele is to hungin at Inchmahomo, the xxix day of Julij, the yeir of God
j m v° fowrty and aucht yeris.
Jhone Commendatour of Inchmahomo.
Dene James Bbadfut, sub-prior.
Dene Jhone Huten, ad idem.
Dene James Bad, ad idem.
Dene Johen Yongae, ad idem.
Dene Adam Peblis, ad idem.
Dene Thomas M'Lellen, ad idem.
Dene Adam Ckistesone, ad idem.
Dene Jhonne Mont, ad idem.
78. Bull by Pope Paul Fourth conferring the Priory of Inchmahome upon
David Erskine. — 10th January 1555. 1
Paulus Episcopus, seruus seruorum Dei, venerabilibus fratribus Feltrensi
et Orchadensi ac Dumblanensi Episcopis, salutem et apostolicam benedic-
tionem : Vite ac morum honestas aliaque laudabilia probitatis et virtutum
merita, super quibus dilectus films Dauid Erskin, clericus Sanctiandree
diocesis, apud nos fidedigno commendatur testimonio, nos inducunt vt ilia
sibi fauorabiliter concedamus que suis commoditatibus fore conspicimus
1 Original in the Charter-ehest of the Earl of Mar and Kellie.
336
CHARTERS OF INCHMAHOME.
[1555.
opportuna : Cum itaque prioratus monasterii. per priorem gubernari soliti,
insule Sancti Colmocii de Inchmahomo, ordinis Sancti Augustini, cauoni-
corum regularium Dumblanensis diocesis, quem dilectus filius Johannes
Erskin clericus ex concessione seu dispensatione apostolica, in commendam
ad vitam nuper obtinebat, commenda huiusniodi, ex eo quod dictus Johannes
illi hodie per dilectum filium Joannem Eow, clericum dicte Dumblanensis
diocesis, procuratorem suura ad hoc ab eo specialiter constitution, in manibus
nostris sponte et libere cessit, nosque cessionem ipsam duximus admit-
tendam, cessante, adhuc eo quo ante illam vacabat modo, vacauerit et vacet
ad presens : Nos eidem Dauidi, asserenti dudum secum, vt non obstante
defectu natalium quem patitur ex soluto de nobili genere procreato genitus
et soluta, clericali caractere insigniri et ad omnes etiam sacros et presby-
teratus ordines promoueri posset, apostolica auctoritate dispensatum, ac se
dispensationis huiusmodi vigore dicto caractere rite insignitum fuisse, vt
commodius sustentari valeat de alicuius subuentionis auxilio prouidere ; ac
premissorum meritorum suorum intuitu, consideratione etiam charissime in
Christo filie nostre, Marie Scotorum Eegine illustris, nobis super hoc per
suas litteras humiliter supplicantis gratiam facere specialem, eumque a
quibusuis excommunicationis, suspensionis et interdicti, aliisque ecclesiasticis
sententiis, censuris et penis, a iure vel ab homine, quauis occasione vel
causa latis, si quibus quomodolibet innodatus existit, ad eff'ectum presentium
dumtaxat consequendum, harum serie absoluentes et absolutum fore cen-
sentes : Necnon verum et vltimum eiusdem Prioratus vacationis modum,
etiam si ex illo queuis generalis reseruatio etiam in corpore iuris clausa
resultet, presentibus pro expresso habentes : Fraternitati vestre per apostolica
scripta mandamus, quatenus vos, vel duo aut vnus vestrum, per vos vel
alium seu alios, Prioratum predictum, cuius ac illi forsan annexorum fructus,
redditus et prouentus, super quibus certa pensio annua illorum medietatem
1555.] DAVID ERSKINE MADE PRIOR. 337
constituens dilecto filio Andree Ballou ipsius monasterii canonico illam
annuatim percipienti, dicta auctoritate, vt ipse Dauid etiani asserit,
reseruata existit, octuaginta librarum sterlingoruni secundum comniunem
extiniationem valorem annuum, vt idem Dauid similiter asserit, nou
excedunt, — quouismodo et ex cuiuscunque persona, seu per liberam resigna-
tionem cuiusuis de illo extra Eomanam Curiam etiam coram notario publico
et testibus sponte factam, aut constitutionem felicis recordations Johannis
Pape xxii. predecessoris nostri que incipit Execrabilis, vel assecutionem
alterius beneficii ecclesiastici ordinaria auctoritate collati, vacet ; etiam si
tanto tempore vacauerit quod eius collatio iuxta Lateranensis statuta [con-
silii ad sedem] 1 apostolicam legitime deuoluta, ipseque Prioratus dispensa-
tion! apostolice specialiter vel ex eo quia conuentualis est vt prefertur
generaliter reseruatus existat, et ad ilium consueuerit quis per electionem
assumi eique cura etiam iurisdictionalis immineat animarum, super eo quo-
que inter aliquos lis, cuius statum presentibus haberi volumus pro expresso,
pendeat indecisa, dummodo tempore date presentium non sit in eo alicui
specialiter his quesitum ; cum annexis huiusmodi ac omnibus iuribus et
pertinentiis suis, prefato Dauidi per eum quoad vixerit, etiam vnacum omnibus
et singulis compatibilibus beneficiis ecclesiasticis que in titulum et commen-
dam ac alias obtinere, necnon pensionibus annuis super quibusuis fructibus
redditibus et prouentibus ecclesiasticis sibi assignandis, quas percipere ilium
in futurum ex quibusuis concessionibus et dispensationibus apostolicis
contigerit, tenendum, regendum et gubernandum ; ita quod liceat sibi, debitis
et consuetis ipsius Prioratus supportatis oneribus, de residuis illius fructibus
redditibus et prouentibus disponere et ordinare, sicut ilium in titulum pro
tempore obtinentes de illis disponere et ordinare potuerunt seu etiam
1 The Original is injured here and in other this Bull as quoted in the Instrument of Pro-
places : the blanks have been supplied from cess following, No. 81, infra.
2 U
■ 338
CHARTERS OF INCHMAHOME.
[1555.
debuerunt, alienatione tamen quorumcunque illius bonorum immobilium et
preciosorum mobilium sibi penitus interdicta, commendare auctoritate nostra
curetis; inducentes eum, recepto prius ab eo nostro etEomane ecclesie nomine
fidelitatis. debite solito iuramento, inxta formam quam sub bulla nostra
mittimus introclusam, vel procuratorem suum eius nomine, in corporalem
possessionem Prioratus et annexorum, iuriumque et pertinentiarum predic-
torum, et defendentes inductum amoto exinde quolibet illicito deteutore ;
ac facientes Dauidem vel pro eo procuratorem predictum ad Prioratum
buiusmodi vt est moris admitti; sibique de illius ac dictorum annexorum
fructibus, redditibus, prouentibus, iuribus et obuentionibus vniuersis, integre
responderi ; contradictores eadem auctoritate nostra appellatione post-
posita compescendo : IS on obstantibus pie memorie Bonifacii pape VIII.
etiam predecessoris nostri et aliis apostolicis constitutionibus, ac monas-
terii et ordinis premissorum iuramento, confirmatione apostolica vel
quauis firmitate alia roboratis, statutis et consuetudinibus contrariis quibus-
cunque : Aut si aliqui super prouisionibus seu commendis sibi faciendis de
Prioratibus huiusmodi speciales, vel aliis beneficiis ecclesiasticis in illis parti-
bus generales dicte sedis vel Legatorum eius litteras impetrarint, etiam si
per eas ad inbibitionem, reseruationem et decretum, vel alias quomodolibet
sit processum, quibus omnibus dictum Dauidem in assecutione dicti Prioratus
volumus anteferri, sed nullum per hoc eis quoad assecutionem Prioratuum
aut beneficiorum aliorum preindicium generari : Seu si pro tempore existenti
Episcopo Dumblanensi et dilectis filiis conuentui dicti monasterii vel qui-
busuis aliis, communiter vel diuisim, ab eadem sit sede indultum, quod ad
receptionem vel prouisionem alicuius minime teneantur, et ad id compelli
aut quod interdici, suspendi vel excommunicari non possint: Quodque de
Prioratibus huiusmodi, vel aliis beneficiis ecclesiasticis, ad eorum collationem,
prouisionem, presentationem, electionem, seu quamuis aliam dispositionem
1556.] OFFICIAL OATH OF DAVID EESKIKE. 339
coniunctim vel separatim spectantibus, nulli valeat prouideri seu commenda
fieri, per litteras apostolicas non facientes plenam et expressam ac de verbo
ad verbum de indulto huiusmodi mentionem, et qnalibet alia dicte sedis
indulgentia generali vel speciali cuiuscunque tenoris existat, per quam pre-
sentibus non expressam vel totaliter non insertam effectus huiusmodi gracie
impediri valeat quomodolibet vel differri ; et de qua cuiusque toto tenore
habenda sit in nostris litteris mentio specialis : Nos enim cum eodem Dauide
vt Prioratum predictum, si sibi vigore presentium commendetur, recipere et
in huiusmodi commendam quoad uixerit vt prefertur retinere libere et licite
valeat, defectu preniisso ac Pictauensis Concilii et quibusuis aliis con-
stitutionibus et ordinationibus apostolicis, necnon statutis et consuetudinibus
prefatis vt prefertur roboratis, ceterisque eontrariis nequaquam obstantibus,
eadem auctoritate apostolica tenore presentium de specialis dono gratie
dispensamus : Prouiso quod ipse Prioratus debitis propterea non fraudetur
obsequiis, et animarum cura in eo si qua illi immineat nullatenus negligatur,
sed eius cougrue snpportentur onera antedicta : Et insuper exnunc irritum
decernimus et inane si secus super hiis a quoquam quauis auctoritate scienter
vel ignoranter contigerit attemptari. Datum Eome, apud Sanctum Petrum,
anno Incarnationis Dominice millesimo quingentesimo quinquagesimo quinto,
quarto Idas Januarii, pontificatus nostri anno prima
79. Form of Oath to be taken by David Erskine as Prior of the Monastery
of Inchmahome. 1 — [1556.]
Forma iuramenti.
Ego, Dauid Erskin, perpetuus coinmendatarius Prioratus monasterii per
Priorem gubernari soliti, Insule Sancti Colmocii de Inchmahomo, ordinis
1 Original in the Charter-chest of the Earl of Mar and Kellie.
340
CHARTERS OF INGHMAHOME.
[1556.
Sancti Augustini, Canonicorum regularium Dumblanensis diocesis, ab hac
hora inantea fidelis et obediens ero Beato Petro sancteque apostolice Eomane
ecclesie, et domino nostra domino Paulo Pape ni[l.] suisque successoribus
canonice intrantibus ; non ero in consilio, consensu, tractatu vel facto, vt vitam
aut membrum perdant ; seu quod contra alicuius eorum personam, vel in
ipsorum aut ecclesie eiusdem siue sedis apostolice, auctoritatis, honoris,
priuilegiorum, iurium vel apostolicorum statutorum, ordinationum, reserua-
tionum, dispensationum, seu mandatorum derogationem, vel preiudicium,
machinationes aut conspirationes riant : Et sic ac quotiens aliquos horum
tractari sciuero, id pro posse ne fiat impediam, et quanto citius commode
potero, eidem domino nostra vel alteri per quem ad ipsius noticiam peruenire
possit, significabo : Consilium vera quod michi per se aut nuntios seu literas
credituri sunt, ad eorum damnum me sciente, nemini pandam : Papatum
Eomanum et regalia Sancti Petri ad retinendum et defendendum contra
omnem hominem adiutor eis ero auctoritatem, honorem, priuilegia ac iura
quantum in me fuerit potius adaugere et promouere, statuta, ordinationes,
dispensationes et mandata huiusmodi obseruare ac eis intendere curabo :
Legatos sedis eiusdem honorifice tractabo, et in suis necessitatibus adiuuabo:
Hereticos, scismaticos, et qui alicui ex domino nostra successoribusque prefatis
rebelles fuerint, pro viribus, persequar et impugaabo : Possessiones vera ad
prioratum huiusmodi pertinentes nou vendam, neque donabo neque impig-
norabo, nee de nouo infeudabo, vel aliquo modo alienabo, etiam cum consensu
conuentus dicti monasterii, inconsulto Romano Pontifice. Sic me Deus
adiuuet et hec sancta Dei euangelia.
1556.] DAVID ERSKINE, PRIOR. 341
80. Bull of Pope Paul Fourth, permitting David Erskine to hold in
commendam the Monastery of Dryburgh, while retaining his office of
Prior of Inchmahome. — 17th July 1556. 1
Paulus Episcopus, seruus seruorum Dei, dilecto filio Dauidi Erskin, clerico
Sancte Andree diocesis, salutem et apostolicam benedictionem : Eomani
Pontificis prouidentia circumspecta, ecclesiis et monasteriis singulis, que
vacationis incommoda deplorare noscuntur, vt gubernatorum vtilium fulci-
antur presidio prospicit diligenter ; ac personis ecclesiasticis quibuslibet, vt
in suis opportunitatibus congruum suscipiant releuamen de subuentionis
auxilio, prout decens est, prouidet opportuno : Sane monasterio Beate Marie
Virginis de Dryburgh, Premonstratensis ordinis, Sanctiandree diocesis, quod
dilectus filius Johannes Erskin clericus, ex concessione et seu dispensatione
apostolica, in commendam nuper obtinebat, commenda huiusmodi, ex eo quod
dictus Johannes illi hodie in manibus nostris sponte et libere cessit, nosque
cessionem ipsam duximus admittendam, cessante, adhuc eo quo ante illam
vacabat modo vacante : Nos verum et vltimum dicti monasterii vacationis
modum, etiam si ex illo queuis generalis reseruatio etiam in corpore
iuris clausa resultet, presentibus pro expresso habentes ; ac tarn eidem
monasterio de gubernatore vtili et. idoneo per quern circumspecte regi
et salubriter dirigi possit, quam tibi in vigesimo quarto vel circa tue
etatis anno constituto, pro quo charissima in Christo filia nostra Maria
Scotorum P L egina Illustris per suas literas nobis super hoc humiliter sup-
plicauit, vt conmioclius sustentari valeas de alicuius subuentionis auxilio
prouidere volentes, monasterium predictum sic vacans cum omnibus iuribus
et pertinentiis suis tibi, per te quoad uixeris, etiam vnacum prioratu
conuentuali Sancti Colmocii de Inchmahomo, ordinis Sancti Augustini,
1 Original in the Charter-chest of the Earl of Mar and Kellie.
342
CHARTERS OF INCHMAHOME.
[1556.
Dumblanensis diocesis, ad quern consueuit quis per electionem assumi
cuique cura imminet animarum, ac quem ex concessione et sen dis-
pensatione apostolica in eommendam inter alia, ac omnibus et singulis
aliis beneficiis ecclesiasticis compatibilibus, secularibus et quorumuis ordinum
regularibus, que ex quibusuis aliis concessionibus et dispensationibus
apostolicis, in titulum et etiam eommendam ac alias obtines et imposterum
obtinebis ; necnon pensionibus annuis tibi super quibusuis fructibus, redditi-
bus, et prouentibus ecclesiasticis assignatis et assignandis, quas ex similibus
dispensationibus percipis et percipies in futurum, tenendum, regendum et
gubernandum de fratrum nostrorum consilio, apostolica auctoritate commen-
damus : Curam, regimen et administrationem ipsius monasterii, super cuius
mense abbatialis fructibus, redditibus et prouentibus, pensio annua sexaginta
septem librarum sterlingorum, centum et sexaginta septem ducatos auri de
camera cum dimidio alterius similis ducati constituentium, certe persone
ecclesiastice illam annuatim percipienti dicta auctoritate reseruata existit,
tibi in spiritualibus et temporalibus plenarie committendo : firma spe fiducia-
que conceptis, quod dirigente Domino actus tuos, prefatum monasterium per
tue diligentie laudabile studium regetur vtiliter et prospere dirigetur, ac grata
in eisdem spiritualibus et temporalibus suscipiet incrementa : Volumus autem
quod propter huiusmodi eommendam in dicto monasterio diuinus cultus, ac
solitus canonicorum et ministrorum numerus nullatenus minuatur, sed eius
ac dilectorum filiorum illius conuentus congrue supportentur onera consueta :
Quodque tu, oneribus huiusmodi debite supportatis, necnon quarta si abba-
tialis separata et seorsum a conuentuali, si vero communis inibi mensa fuerit,
tertia parte omnium et singulorum fructuum, reddituum et prouentuum
prefati monasterii, in restaurationem illius fabrice aut ornamentorum
emptionem vel fulcimentum, seu pauperum alimoniam, prout maior exegerit
et suaserit necessitas, omnibus et singulis aliis deductis oneribus annis
1556.] DAVID ERSKINE, PRIOR. 343
singulis impartita, de residuis fructibus, redditibus et prouentibus monasterii
huiusmodi disponere et ordinare libere et licite valeas, sicuti eiusdem
monasterii abbates qui pro tempore fuerunt de illis disponere et ordinare
potuerunt seu etiam debuerunt ; alienatione tamen quorumcunque illius
bonorum immobilium et preciosorum mobilium tibi penitus interdicta : Ac
quod antequam regimini et administrationi prefatis te in aliquo immisceas,
in manibus venerabilium fratrum nostrorum Arcliiepiscopi G-lasguensis et
Episcopi Dunkeldensis ac dilecti filii ofiicialis Parisiensis, aut duorum vel
vnius eorum, fidelitatis debite solitum prestes iuramentum, iuxta formam
quam sub bulla nostra mittimus introclusam : Quibus et eorum cuilibet per
alias nostras litteras mandamus vt ipsi, vel duo aut vnus eorum, a te nostro
et Eomane ecciesie nomine huiusmodi recipiant seu recipiat iuramentum :
Quocirca discretioni tue per apostolica scripta mandamus, quatenus curam,
regimen et administrationem predicta sic per te vel alium seu alios gerere et
exercere studeas solicite, fideliter et prudenter, quod monasterium ipsum
gubernatori prouido et fructuoso administratori gaudeat se commissum ;
tuque, preter eterne retributionis premium, nostram et apostolice sedis
benedictionem et gratiam exinde vberius consequi merearis. Datum Eome,
apud Sanctum Petrum, anno incarnationis Dominice millesimo quingente-
simo quinquagesimo sexto, sexto decimo kalendas Augusti, pontificatus
nostri anno secundo.
SI. Instrument of Process following upon the Bull by Pope Paul Fourth
in favour of David Erskine, of the Priory of Inchmahome. — 5th
December 1556. 1
Eeuerendo in Christo patri et domino, domino Dei et Apostolice sedis gracia
Episcopo Dumblanensi pro tempore existenti, eiusque in spiritualibus et
1 Original in the Charter-chest of the Earl of Mar and Kellie.
344
CHARTERS OF INCHMAHOME.
[1556.
temporalibus vicario seu officiali generali, omnibusque aliis et singulis
quorum interest, intererit aut interesse, quosque infrascriptum tangit seu
tangere poterit negotium quomodolibet in futurum, quibuscunque nomiuibus
censeantur et quacunque prefulgeant dignitate, Thomas Campegius eadeni
gracia Episcopus Feltrensis, judex et executor ad infrascripta, vnacum
quibusdam aliis nostris in hac parte collegis, a sede apostolica specialiter
deputatus, salutem in Domino, et nostris huiusniodi imo uerius apostolicis
firmiter obedire mandatis : Literas sanctissimi in Cbristo patris et domini
nostri, dornini Pauli diuina prouidentia Pape quarti, eius vera bulla plumbea
in forma rigorosa, cum cordula canapis more Eomane curie impendente, bulla-
tas, sanas siquidem et integras, non viciatas non cancellatas, nee in aliqua sui
parte suspectas, sed omni prorsus vitio et suspicione carentes, vt in eis prima
facie apparebat, nobis pro parte venerabilis viri domini Dauid Erskin, clerici
Sancti Anclree diocesis principalis, in subinsertis Uteris apostolicis, coram
notario publico, Archiuii Eomane Curie scriptore, et testibus infrascriptis
nominati, presentatas nos cum ea qua decuit reuerentia recepimus, huiusniodi
sub tenore : — Paulus Episcopus, [etc. as in ISTo. 78, supra]. Post quarum-
quidem literarum apostolicarum presentationem et receptionem nobis et per
nos vt premittitur factas, fuimus pro parte dicti domini Dauid Erskin
principalis in preinsertis Uteris apostolicis principaliter nominati, debita
cum instantia requisiti, quatenus ad executionem dictarum literarum
apostolicarum et contentorum in eisdem procedere dignaremur, iuxta tra-
ditam seu directam per eas a sede prefata nobis formam : Nos igitur,
Thomas Campegius Episcopus Feltrensis, judex et executor prefatus, atten-
dentes requisitionem huiusniodi fore iustam et rationi consonam, volentesque
mandatum apostolicum nobis in hac parte directum reuerenter exequi vt
tenemur ; idcirco, auctoritate apostolica nobis commissa et qua fungimur in
hac parte, prioratum monasterii per priorem gubernari soliti, insule Sancti
1556.] INDUCTION OF PRIOR DAVID. 345
Colmocii de Inchmahomo, orcliiiis Sancti Augustini canonicorum regularium
Dumblanensis diocesis, de quo in preinsertis Uteris apostolicis fit mentio,
vacantem, nobis non constito quod tempore date literarum apostolicarum
esset in dicto prioratu alicui specialiter ius quesiturn, eidem domino
Dauidi principali cum omnibus juribus et pertinentiis suis commen-
dauimus, et de illo etiam commendari mandauimus eum, prout tenore
presentium etiam commendamus et de illo etiam commendari man-
damus per presentes ; ipsumque dominum Dauidem principalem in et ad
corporalem realem et actualem possessionem vel quasi prioratus iuriumque
et pertinentiarum predictorum posuimus et induximus, ponimusque et induci-
mus, ac inuestimus de eodem presentium per tenorem : Que omnia et singula,
necnon prefatas literas apostolicas, huncque nostrum processum ac omnia et
singula in eis conteuta, vobis omnibus et singulis supradictis et vestrum
cuilibet intimamus, insinuamus et notificamus, ac ad vestram et vestrum
cuiuslibet notitiam deducimus et deduci volumus per presentes : Vosque
nihilominus et vestrum quemlibet tenore presentium requirimus et monemus,
primo, secundo, tertio et peremptorio termino, communiter vel diuisim, ac vobis
et vestrum cuilibet insolidum, in virtute sancte obedientie, et sub infrascriptis
sentenciis penis districte precipiendo mandamus, quatenus infra sex dierum
spatium post presentationem seu notificationem presentium ac requisitionem
vobis seu alteri vestrum factas, et postquam pro parte dicti domini Dauidis
principalis vigore presentium super hoc fueritis requisiti, seu alter vestrum
fuerit requisitus, immediate sequentes ; — quorum sex dierum duos pro primo,
duos pro secundo, et reliquos duos dies vobis omnibus et singulis supradictis
pro tertio et peremptorio termino ac monitione canonica assignamus ; — eundem
dominum Dauidem principalem in et ad corporalem realem et actualem
possessionem prioratus, iuriumque et pertinentiarum predictorum, ponatis et
inducatis, et defendatis inductum, amoto exinde quolibet illicito detentore,
2 x
346
CHARTERS OF INGHMAHOME.
[1556.
quern nos inquantum possumus auctoritate et tenore premissis aruouemus et
denunciamus amotum ; ac eundem dominum principalem vel procuratorem
suuni predictum ad prioratum huiusmodi, vt est moris, adinittatis ; sibique de
illius ac dictorum annexorum fructibus, redditibus, prouentibus, iuribus et
obuentionibus vniuersis integre respondeatis, et faciatis ab aliis, quantum in
vobis est vel fuerit, plenarie et integre responderi: Quod si forte premissa
omnia et singula non adimpleueritis, seu distuleritis contumaciter adimplere,
mandatisque et monitionibus nostris huiusmodi imo uerius apostolicis non
parueritis, realiter et cum effectu, nos in vos omnes et singulos supra-
dictos, qui culpabiles fueritis in premissis, et generaliter in contradictores
quoslibet et rebelles ac impedientes ipsum dominum principalem aut
ipsum impedientibus dantes auxilium, consilium vel fauorem, publice vel
occulte, directe vel indirecte, quouis quesito colore vel ingenio, cuiuscunque
dignitatis, status, gradus, ordinis vel conditionis existant, exnunc prout extunc,
et extunc prout exnunc, predicta sex dierum canonica monitione premissa,
excommunicationis in capitula vero conuentus et collegia in his forsan delin-
quentia, suspensionis a diuinis, et in ipsorum delinquentium et rebellium
ecclesias, monasteria et capellas, interdicti ecclesiastici sententias ferimus
in his scriptis, et etiam promulgamus : Vobis vero reuerendo patre domino
Episcopo Dumblanensi duntaxat excepto, cui, ob reuerentiam vestre pontificalis
dignitatis, deferimus in hac parte, si contra premissa vel premissorum aliqua
feceritis seu fieri mandaueritis per vos vel submissas personas, publice vel
occulte, directe vel indirecte, quouis quesito colore vel ingenio, exnunc prout
extunc, et e contra predicta sex dierum canonica monitione premissa, ingres-
sum ecclesiasticum interdicimus in his scriptis ; si vero huiusmodi interdictum
per alios sex dies prefatos sex immediate sequentes sustinueritis, vos in eisdem
scriptis simili canonica monitione premissa suspendimus a diuinis; verum si
prefatas interdicti et suspensionis sententias, per alios sex dies prefatas duo-
1556.] INDUCTION OF PRIOR DAVID. 347
decim immediate sequentes,animo quod absit sustinueritis indurato, vos exnunc
prout extunc, et e conuerso, liuiusmodi canonica monitione premissa in his
scriptis excommunicationis sententia auctoritate apostolica supradictainnoda-
mus : Ceterum cum ad executionem premissorum vlterius faciendam nequeamus
quoad preseus personaliter interesse, pluribus aliis arduis in Eomana curia
legitime prepediti negotiis, vniuersis et singulis dominis abbatibus, prioribus,
prepositis, clecanis, archidiaconis, ceterisque viris ecclesiasticis, in quibuscun-
que dignitatibus, gradibus vel officiis constitutis, notariisque et tabellionibus
publicis quibuscunque, per ciuitatem et diocesim Dumblanensem ac alias
vbilibet constitutis, et eorum cuilibet, insolidum super vlteriori executione
dicti mandati apostolici atque nostri facienda, auctoritate apostolica supradicta,
tenore presentium plenarie committimus vices nostras, donee eas ad nos speci-
aliter et expresse duxerimus reuocandas ; quos nos etiam et eorum quemlibet
insolidum eisdem auctoritate et tenore requirimus, primo, secundo, tertio et
peremptorie, communiter vel diuisim ; eisque nihilominus et eorum cuilibet
in virtute sancte obedientie et sub excommunicationis pena, quam in eos et
eorum quemlibet, nisi fecerint que mandamus, ferimus in his scriptis, districte
precipiendo [et] mandando, quatenus infra sex dies post presentationem
seu notificationem presentium et requisitionem eis seu eorum alteri factas, im-
mediate sequentes, quos sex dies ipsis et eorum cuilibet, pro omni dilatione
terminoque peremptorio ac monitione canonica assignamus — ita tamen quod in
his exequendis alter alterum non expectet, nee vnus pro alio seu per alium se
excuset,— ad vos omnes et singulos supradictos quibus huiusmodi noster
processus dirigitur, necnon ad ecclesias personasque et loca alia, de quibus
vbi, quando et quotiens expediens fuerit, personaliter accedant seu alter eorum
accedat ; et prefatas literas apostolicas huncque nostrum processum ac omnia
et singula in eis contenta, vobis omnibus et singulis supradictis, communiter
vel diuisim, legant, intiment, insinuent et fideliter publicare procurent; ac
348
CHARTERS OF INGHMAHOMJE.
[155G.
eundera dominum Dauidein Erskin principalem, vel procuratorem suum
pro eo, in corporalem realem et actualem possessionem prioratus et annex-
orum, iuriumque et pertinentiarum predictorum, ponant et inducant; et
defendant inductum, amoto exinde quolibet illicito detentore ; sibique vel
procuratori suo predicto de illius ae annexorurn predictorum fructibus, red-
ditibus, prouentibus, iuribus et obuentionibus vniuersis integre prout ad eos
communiter vel diuisim pertinent respondeant et quilibet ipsorum respondeat
seu responderi faciat : Et generaliter omnia alia et singula nobis in hac parte
eommissa plenarie exequantur iuxta earundem literarum continentiam et
tenorem : Ita tamen quod dicti subdelegati nostri vel quicunque alius siue
alii nibil in preiudicium dicti domini principalis vel procuratoris sui valeant
attemptare quomodolibet in premissis, nee in processibus per nos habitis ant
sententiis latis absoluendo vel suspendendo aliquid immutare : In ceteris autem
que dicto domino principali vel procuratori suo in premissis nocere possent,
prefatis subdelegatis nostris et quibuscunque aliis potestatem omnimodam
denegamus : Et si contingat nos super premissis in aliquo procedere, de quo
nobis potestatem omnimodam reseruamus, non intendimus propterea com-
missionem nostram in aliquo reuocare nisi de reuocatione ipsa specialem et
expressam fecerimus mentionem : Per processum autem nostrum nolumus nee
intendimus nostris in aliquo preiudicare collegis, quominus ipsi vel eorum
alter, seruato tamen hoc nostro processu, in huiusmodi negotio procedere
valeant, prout eis vel eorum alteri visum fuerit expedire : Prefatas quoque
literas apostolicas et hunc nostrum processum volumus penes dictum
dominum Dauidem vel procuratorem suum remanere, et non per vos seu
quemcunque alium ipsis inuitis et contra eorum voluntatem quomodolibet
detineri : Contrarium vero facientes prefatis nostris sententiis, prout in his
scriptis per nos late sunt dicta monitione canonica premissa, ipso facto,
volumus subiacere : Mandamus tamen copiam fieri de premissis earn peten-
1562.] PRIOR DAVID AND JOHN LORD ERSKINE. 349
tibus et habere debentibus, petentiam quidem sumptibus et expensis :
Absolutionem vera omnium et singulorum qui prefatas nostras sententias
vel earum aliquam iucurrerint siue incurrerit quoquoinodo nobis vel superiori
nostro tantummodo reseruamus. In quorum omnium et singulorum fidem
et testimonium premissorum presentes literas siue hoc presens publicum
processus instrumentum exinde fieri et per notarium publicum archiuii
Eomane curie scriptorem infrascriptum subscribi et publicari mandauimus,
sigillique dicti archiuii iussimus et fecimus appensione communiri. Datum
Rome in palatio apostolico et camera dicti archiuii, sub anno a natiuitate
Domini millesimo quingentesimo quinquagesimo sexto, die quiuta mensis
Decembris, pontificatus sanctissimi in Christo patris et domini nostri, domini
Pauli diuina prouidentia Pape quarti anno eius secundo : presentibus ibidem
discretis viris, dominis Didaco de Auila et Joanne Vignodi, dicti archiuii
scriptoribus, testibus ad premissa vocatis specialiter atque rogatis.
Et quia ego Joannes de Auila archiuii Eomaue curie scriptor pre-
missis interfui, ideo hunc processum subscripsi et publicaui, in
fidem premissorum rogatus et requisitus.
82. Charter by David Commendator of Inchmahome to John Lord
Erskine, of the lands of Boirland. — 8th August 15C2.
Omnibus hanc cartam visuris vel audituris Dauid permissione diuina
Commendatarius perpetuus monasterii de Inchemahomo et eiusdem loci
conuentus, salutem in domino sempiternam. Quia prouidi principes in parlia-
mentis suis bono reipublice prouiso statuerunt et decreuerunt, regum, prela-
torum, ac temporalium comitum, et baronum, ceterorumque subditorum terras
hereditarie possidentium in emphiteosim seu feodifirmam absque rentalium
1 Original in the Charter-chest of the Earl of Mar and Jvallie.
350
CHARTERS OF INCHMAHOME.
[156-
diminutione assedandas fore, Idque maxime ob policiam et honestatem
reipublice steriliumque terrarum commodam culturam, necnon arcendorum
abegiorurn causa isque accedit canonum non violanda authoritas, necnon
verenda nostrorum predecessorum consuetudo quibus reipublice optime ac
sapienter perspectum est, Nos semper reipublice et regno deberi prodesse
his solido iudicio maturoque consilio preuisis, eorurnque auctoritatem
amplexi certas terras nostras subscriptas in empbiteosim locare statuimus ;
Noueritis igitur nos vnanimi consensu et assensu ad hoc capitulariter congre-
gatorurn diligentibus tractatibus et maturis deliberationibus prebabitis, in
euidentem, vtilitatem dicti nostri monasterii et augmentationem rentalis
eiusdem, necnon pro certis pecuniarum summis et aliis gratitudinibus et
benemeritis, nobis per predilectum nostrum Joannem dominum de Erskin
gratanter persolutis et multipliciter impensis, dedisse, concessisse, assedasse,
arrendasse, locasse et ad feodifirmam seu emphiteosim perpetuam hereditarie
dimisisse, et hac presenti carta nostra confirmasse, necnon tenore presentium
dare, concedere, assedare, arrendare, locare, et ad feodifirmam seu emphiteo-
sim perpetuam hereditarie dimittere, et hac presenti carta nostra confirmare
predicto Joanni domino Erskin et heredibus suis masculis, quibus deficien-
tibus, heredibus suis et assignatis quibuscunque, Totas et integras terras
nostras de Boirland, vulgo nuncupatas terras dominicales de Cardros,
extendentes ad decern mercatas terrarum antiqui extentus, cum omnibus
et singulis suis pertinentiis, jacentes infra vicecomitatum de Perth, exten-
dentes annuatim in antiquo nostro rentali ad summam decern merearum
monete Scotie : Tenendas et habendas totas et integras prefatas terras
de Boirland, cum singulis suis pertinentiis, predicto Johanni domino
Erskin et heredibus suis masculis prescriptis, quibus deficientibus, heredibus
suis seu assignatis antedictis, de nobis et successoribus nostris in feodi-
firma seu emphiteosi ac bereditate, imperpetuum, per omnes rectas metas
1562.]
GRANT TO JOHN LORD ERSKINE.
351
suas . . . Beddendo inde annuatim dictus Joannes dominus Erskin heredes
sui seu assignati prescripts, nobis et successoribus nostris camerariis seu
factoribus pro tempore existentibus, summam decern mercarum vsualis
monete regni Scotie tanquam firmam feodifirme pro predictis terris cum
singulis suis pertinentiis prius solui debitam et consuetam, et in dicto
nostro rentali contentam vt supra, necnon summam quinque mercarum
monete prescripte in augmentationem nostri rentalis eiusdem annuatim, ad
duos anni terminos consuetos, festa, videlicet, penthcostes et Sancti Martini
in Hyeme per equales medias portiones nomine feodifirme, necnon heredes
dicti domiui de Erskin antedicti duplicando dictam feodifirmam primo anno
cuiuslibet heredis introitus ad prenominatas terras cum suis pertinentiis,
prout vsus est feodifirme, tantum pro omni alio onere, exactione, questione,
demanda seu seruitio seculari, que de prefatis terris nostris de Boirland
cum suis pertinentiis per quoscunque juste exigi poterunt quomodolibet
vel requiri ; Et nos vero [etc. Clause of warrandice in common form].
Insuper dilectis nostris Jacobo Erskine de Litil Sauchquhy ac vestrum
cuilibet coniunctim et diuisim balliuis nostris in hac parte specialiter
constitutis salutem, vobis precipimus et firmiter mandamus quatenus visis
presentibus indilate statum saisinam hereditariam pariter et possessionem
corporalem, actualem et realem, totarum et integrarum prefatarum terrarum
de Boirland, vulgo nuncupatarum terras dominicales de Cardros, extenden-
tium ad decern mercatas terrarum antiqui extentus cum singulis suis
pertinentiis, vt predicitur iacentium, predicto Joanni domino Erskin, vel
eius certo actornato latori presentium, per terre et lapidis fundi earundem,
vt moris est, traditionem secundum tenorem carte nostre feodifirme prescripte
iuste deliberetis et habere faciatis sine dilatione, ad quod faciendum vobis
et vestrum cuilibet coniunctim et diuisim balliuis nostris in hac parte
antedictis nostram plenariam et irreuocabilem tenore presentium com-
352
CHARTERS OF INCHMAHOME.
[1565
mittimus potestatem. la cuius rei testimonium presentibus, manibus nostris
subscriptis, sigillum commune capituli dicti nostri monasterii est appensum
apud idem monasterium, octauo die mensis Augusti, anno domini millesimo
quingentesimo sexagesimo secundo, coram hiis testibus Joanne Craigingelt de
eodem Joanne Cunynghame de Drumuquhassill, Jacobo Erskine de Littill
Sauchquhy, Joanne Graheme de Ballindorrane, domino Andrea Heygie, et
Jacobo Oswald notario publico, cum diuersis aliis.
Dominus Jacobus Bradfut, Dauid, Commendatarius de
Subprior. Inchmahonio.
Dominus Wellemus Stekleng. Dompnus Thomas M c Lellen".
Apud Edinburgh, xxvi to Marcii anno etc. 1 [x] quinto. Producta coram
dominis commissariis. A. Hay.
1562.] LORD ERSKINE, BAILIE OF CARDROSS. 353
83. Charter by David Commendator of Inchmahome to John Lord
Erskine, of the office of bailie of the barony of Cardross, etc. — 8th
August 1562. 1
Omnibus hanc cartam visuris vel audituris, Dauid permissione diuina
comrnendatarius perpetuus prioratus de Inchernahomok et conuentus
eiusdem, salutem in Domino sempiternam. Noueritis nos vnacum consensu
et assensu ad hoc capitulariter congregatorum, diligentibus tractatibus et
maturis deliberationibus prehabitis, in nostram euidentem vtilitatem,
defensionernque nostram nostrorurnque preuilegiorum, iurium, terrarum et
possessionum nobis incumbentium, dedisse, concessisse et hac presenti carta
nostra confirmasse, necnon dare, concedere et hac presenti carta nostra
confirmare nobili et potenti domino Joauni domino Erskine et heredibus suis
masculis et assignatis quibuscunque, totum et integrum officium balliatus
baronie nostre de Cairdros ac omnium et singularum aliarum terrarum et
possessionum nostrarum nobis et dicto nostro prioratui spectantium cum suis
pertiuentiis, vbicunque infra regnum Scotie existunt : Cum potestate dicto
domino suisque heredibus et assignatis prescriptis, curias balliatus dicte
nostre baronie ac omnium et singularum aliarum terrarum nostrarum et
possessionum antedictaruin, tenentibus earundem et omnibus aliis quorum
interest intereritve affigendi, assignandi, inchoandi, affirmandi, tenendi, et
quoties opus fuerit continuandi et prolongandi. . . . Eatum, gratiun [etc.]
Pro executione et deseruitione officii balliatus predicti dedimus, concessimus
et assignamus, tenoreque presentium damus, concedimus et assignamus dicto
nobili domino suisque heredibus et assignatis prescriptis, nostris balliuis
antedictis, omnes et singulas firmas feudifirme et deuorias totarum et
integrarum terrarum nostrarum infrascriptarum cum pertiuentiis in dicta
1 Original in the Charter-chest of the Earl of Mar and Kellie.
2 Y
354
CHARTERS OF INGHMAHOME.
[1562.
nostra baronia iacentium. videlicet, terrarum de Arnepriour, terrarum de
Cardene, terrarum de Kepe, terrarum de Westir Poldoir, terrarum de Eistir
Poldoir, terrarum de G-artcledeny cum molendino de Arnepriour, terrarum de
Arnevicar, terrarum de Gartours Vuir et JSTethir, terrarum de Lochend,
molendinum de Cardrus, terrarum de Ardincleriche, terrarum de Drum-
mannikloche, terrarum de Blairsessenoche, terrarum de Eallingrew, terrarum
de Hornahic, terrarum de lie waird de Guddy, cum astricta multura omnium
et singularum prefatarum terrarum, cum omnibus et singulis earundem
pertinentiis, ac terrarum de Boirland vulgo nuncupatarum terras dominicales
de Cardros extendentium ad decern mercatas terrarum antiqui extentus cum
singulis suis pertinentiis (quequidem omnes terre prescripte, cum molendinis,
astricta multura et pertinentiis, annuatim in nostro antiquo rentali, firmis,
gressumis et aliis diuoriis earundem insimul computatis, extendunt ad
summam sexaginta quinque librarum nouem solidorum et quatuor
denariorum monete Scotie) in eorum feodo, pro dicti officii balliatus
executione per ipsos annuatim leuandas, intromittendas et percipiendas ad
terminos solutionis earundem; et desuper ad eorum libitum voluntatis et
vsus suos proprios omnibus temporibus affuturis disponendi, et pro eiisdem
si opus fuerit namandi et distringendi : Quodquidem officium balliatus cum
t'eodo et diuoriis fuit Jacobi Erskine de Littill Sauchy, fratris germani
quondam nobilis domini Joannis domiui Erskine vltimi defuncti, perprius
hereditarie ; et quod idem Jacobus, non vi aut metu ductus, nee errore
lapsus, compulsus aut coactus, sed sua mera, pura, libera et spontanea
voluntate, in manibus nostris tamquam in manibus domini sui superioris
earundem, apud Cardruss sursum reddidit pureque et sinipliciter resignauit,
ac totum ius et clameum ... in fauorem dicti nobilis domini Joannis
domini Erskine suorumque heredum et assignatorum prescriptorum omnino
quitumclamauit imperpetuum : Tenendum et habendum totum et integrum
1562.]
LORD ERSKINE, BAILIE OF CARDROSS.
355
prefaturn officiuni balliatus baronie nostre et [de] Cardros ac omnium et
singularum aliarum terrarum nostraruni et possessionum nobis et dicto
nostro prioratui spectantium cum suis pertinentiis, vbicunqiie infra regnum
Scotie existunt, cum omnibus et singulis preuilegiis, amerciamentis et escaetis
dictarum curiarum, ac cum dictis feodis et deuoriis eiusdem officii balliatus
de firmis feudifirme et deuoriis terrarum respectiue predictarum annuatim
leuandis et percipiendis et in suos proprios vsus disponendis, ac si opus
fuerit pro huiusmodi namandi et distringendi, prelibato nobili domino Joauni
domino Erskine suisque heredibus masculis et assignatis quibuscunque, de
nobis et successoribus nostris, in feodo et hereditate iniperpetuum ; cum
vniuersis et singulis libertatibus . . . Faciendo et prestando inde annuatim
dictus Joannes dominus Erskine suique heredes masculi et assignati nobis et
nostris successoribus debita et seruitia in tentione curiarum dicte baronie
aliarumque terrarum et possessionum nostrarum predictarum, et administra-
tione iusticie in huiusmodi curiis, tenentibus et inhabitatoribus earundem et
aliis quorum interest aut intererit, toties quoties opus fuerit secundum iuris
formam, tanturu, pro omni alio onere . . . Et nos vero et successores nostri
totum et integrum prefatum officium balliatus baronie et terrarum nostrarum
prescriptarum, cum omnibus et singulis priuilegiis amerciamentis et escaetis
dictarum curiarum, ac cum dictis feodis et diuoriis eiusdem officii balliatus
de firmis feudifirme et deuoriis terrarum respectiue predictarum annuatim
leuandis et percipiendis et in suos proprios vsus disponendis, ac si opus fuerit
pro huiusmodi namandi et distringendi, prelibato Joanni domino Erskine
suisque heredibus masculis et assignatis quibuscunque, in omnibus et per
omnia, forma pariter et effectu, ut premissum est, contra omnes mortales
warantizabimus, acquietabimus et iniperpetuum defendemus : Et ideo vobis
Joanni Cragingelt de eodem, Christofero Murray, vestrumque cuilibet,
coniunctim et diuisim, balliuis nostris in hac parte specialiter constitutis,
356
CHARTERS OF INCHMAHOME.
[1565
firmiter precipimus et mandamus quatenus uisis presentibus indilate statum,
sasinam hereditariam, pariter et possessionem corporalem, actualem, et realem
totius et integri dicti officii balliatus baronie nostre de Cardros ac omnium et
singularum terrarum nostrarum et possessionum nobis et nostro prioratui
spectantium cum suis pertinentiis, vbicunque infra regnum Scotie existunt,
cum omnibus et singulis priuilegiis, amerciamentis et escaetis dictarum
curiarum, ac cum dictis feodis et deuoriis eiusdem officii balliatus de firmis
feudifirme et deuoriis terrarum respectiue predictarum annuatim leuandis et
percipiendis, et in suos proprios vsus applicandi et disponendi, ac si opus
fuerit namandi et distringendi, prelibato nobili domino Joanni domino
Erskine vel suo certo actornato, latori presentium, secundum formam et
tenorem antescripte nostre carte, iuste haberi faciatis et deliberetis ; et boc
nullo modo omittatis ; ad quod faciendum vobis et vestrum cuilibet,
coniunctim et diuisim, nostram plenariam et irreuocabilem tenore presentium
committimus potestatem. In cuius rei testimonium, presentibus manibus
nostris propriis subscriptis sigillum commune capituli dicti nostri monasterii
de Incbemahomo est appensum, apud idem monasterium, octauo die mensis
Augusti, anno Domini millesimo quingentesimo sexagesimo secundo, coram
bis testibus, Joanne Cunyngame de Drumqubassill, Jacobo Erskin de
Litill Saqubye, Joanne Grahem de Ballindorrane, domino Andrea Hagye, et
Jacobo Osvald notario publico, cum diuersis aliis.
Dominus Jacobus Bkadfut, Dauid, Commendatarius de Inchmahomo.
subprior. Dene Thomas M c Lellen, ad idem.
Apud Edinburgh, xxvj t0 Marcii, anno etc. lx quinto. Producta coram
dominis commissariis.
A. Hay.
1562.] LORD ERSKhVE BAILIE OF GAEDBOSS. 357
84. Instrument of Sasine of the bailiary of the barony of Cardross, etc., in
favour of John Lord Erskine. — 18th August 1562. 1
In Dei nomine amen. Per hoc presens publicum instrumentum cunctis pateat
euidenter et sit notum, quod anno incarnationis dominice millesimo quingen-
tesimo sexagesimo secundo, mensis vero Augusti die decimo octauo, et regni
excellentissime principis Marie Dei gratia Scotorum illustrissime anno vigesimo
primo, in mei notarii publici et testium subscriptorum presentia personaliter
constitutus nobilis et potens Dominus Johannes Dominus Erskyn. ad terras et
baroniam de Cardros accessit et ibidem qnandam cartam per Dauidem com-
mendatarium de Inchmahomo et conuentum eiusdem faetam dicto Johanni
Domino de Erskyn heredibus suis masculis et assignatis, de officio balliatus
baronie de Cardros ac omnium aliarum et singularum terrarum et posses-
sionum dicto monasterio spectantium cum pertinenciis, vbicunque infra
regnum Scotie existunt, Johanni Cragingelt de eodem balliuo in hac parte
dicti commendatarii et conuentus specialiter constituto presentauit, cum
precepto sasine in fine dicte carte inserto prout in dicta carta latius con-
tinetur, cuius precepti tenor sequitur : Et ideo vobis Johanni Cragingelt
de eodem Cristofero Murray vestrumque cuilibet coniunctim et diuisim,
balliuis nostris in hac parte specialiter constitutis, firmiter precipimus et
mandamus quatenus visis presentibus indilate statum, sasinam heredilariam,
pariter et possessionem corporalem, actualem, et realem totius et integri dicti
officii balliatus baronie nostre de Cardros, ac omnium et singularum terrarum
nostrarum et possessionum nobis et nostro prioratui spectantium cum suis
pertinentiis, vbicunque infra regnum Scotie existunt, cum omnibus et singulis
preuilegiis, amerciaments et eschaetis dictarum terrarum, ac cum dictis feodis
et deuoriis eiusdem officii balliatus de firmis feudifirme, et deuoriis terrarum
respectiue predictarum annuatim leuandis et precipiendis, et in suos proprios
1 Original in the Charter-chest of the Earl of Mar and Kellie.
358
CHARTERS OF INCHMAHOME.
[1562.
.vsus applicandi et disponendi ac si opus fuerit namandi et distringendi pre-
libato nobili domino Johanni domino Erskyn, vel suo certo actornato latori
presentium, secundum formam et tenorem antescripte carte iuste haberi
faciatis et deliberetis, et hoc nullo modo omittatis, ad quod faciendum vobis
et vestrum cuilibet coniunctim et diuisim nostram plenariam et irreuo-
cabilem tenore presentium committimus potestatem : In cuius rei testimonium
presentibus manibus nostris subscriptis sigillum commune capituli dicti nostri
monasterii de Inchmahomo est appensum, apud idem monasterium, octauo
die mensis Augusti anno Domini millesimo quingentesimo sexagesimo secundo,
coram hiis testibus Johanne Cvninggbame de Drumquhaissill, Jacobo Erskyn
de Litill Saucbtquhy, Johanne Graheme de Ballindorrane, domino Andrea
Hegy, et Jacobo Oswald notario publico, cum diuersis aliis. Quequidem
carta cum precepto sasine in eadem inserto perlecta, dictus Johannes Cragin-
gelt de eodem virtute sui officii, sasinam dicti officii balliatus et feOdi predicti
dicto Johanni domino Erskyn per deliberationem vnius fusti et denarii ab
fundo dictarum terrarum, secundum formam et tenorem dicte carte contulit
et deliberauit, realiter et cum effectu, super quibus premissis omnibus et
singulis, dictus Johannes dominus Erskyn a me notario publico subscripto
sibi fieri petiit publicum seu publica instrumentum, seu instrumenta vnum siue
plura. Acta erant hec super fundo dicte baronie bora secunda post meridiem
vel eocirca, sub anno, mense, die, indictione quibus supra ; presentibus ibidem
Johanne Cvningghame de Drumquhaissall, Jacobo Erskyn de Litill Saucht-
quhy, Roberto Cragingelt, Domino Andrea Hegy, et Jacobo Oswald notario
publico, cum diuersis aliis testibus ad premissa vocatis pariter et requisitis.
Et ego vero Johannes Graheme Dumblanensis diocesis publicus sacra
apostolica auctoritate notarius. Quia, etc.
Apud Edinburgh, xxvi to Marcii anno etc. lxv to . Producta coram
dominis commissariis.
A. Hay.
1562.] DAVID GOMMENDATOR OF INCHMAHOME. 359
85. Confirmation by David Commendator of Inchmahome, of a Charter,
dated 5th October 1560, by Alexander Erskine of Caiigloir, to his
brother, John Lord Erskine, of the lands of Arnprior, etc., in exchange
for the half of Cambusbarron, etc. — 12th August 1562. x
Omnibus banc cartam visuris vel audituris, Dauid permissione diuina
commendatarius perpetuus monasterii de Inchemahomo et eiusdem loci
conuentus, salutem in omnium Saluatore. Sciatis nos, quandam cartam
venditionis et alienationis factam per dilectum nostrum Alexandrum Erskine
de Cangloir nobili et potenti domino ac predilecto nostro Joanni domino
de Erskine, et heredibus suis masculis de corpore suo legitime procreatis
seu procreandis, quibus deficientibus heredibus suis masculis quibuscunque,
super omnibus et singulis terris et molendinis de Arnepriour et Cardros
subscriptis, cum tenentibus, tenandriis et libere tenentium seruitiis
earundem et pertinentiis, iacentibus in baronia de Cardros, infra vice-
comitatum de Perth, tenendis de nobis et successoribus nostris in feodifirma
et hereditate imperpetuum, per nos visam, lectam, inspectam et diligenter
examinatam, sanam, integram, non rasam, non cancellatam, nee in aliqua sui
parte suspectam, ad plenum intellexisse sub hac forma :— Omnibus hanc
cartam visuris vel audituris, Alexander Erskine de Cangnoir ac dominus
feudifirmarius terrarum subscriptarum, salutem in Domino sempiternam.
Noueritis me, vtilitate et commodo meis in hac parte vndique preuisis,
pensatis et ad plenum intellectis, libere vendidisse, alienasse et hac presenti
carta mea confirmasse, tenoreque eiusdem vendere, alienare et hac presenti
carta mea confirmare nobili et potenti domino Joanni domino Erskine, meo
fratri germano, et heredibus suis masculis de corpore stio legitime procreatis
seu procreandis, quibus deficientibus veris legitimis et propinquioribus
1 Original in the Charter-chest of the Earl of Mar and Kellie.
3G0
CHARTERS OF IKCHMAHOME.
[1562.
heredibus suis masculis quibuscunque, totas et integras terras meas sub-
scriptas, videlicet, terras de Arnepriour, terras de Gardene, terras de Kepe,
terras de Westir Poldoir, terras de Eistir Poldoir, terras de Gartcledyny,
cum molendino de Arnepriour, terras de Arnevicar, terras de Gartours Tim-
et Nethir, terras de Lochend, molendinum de Cairdros, terras de Ardinclericht,
terras de Drummannikloche, terras de Blairsessenocht, terras de Ballingrew,
terras de Hornahaic, terras de lie Waird de Gudy, cum astricta multura
omnium et singularum prefatarum terrarum, cum tenentibus, tenandriis, et
libere tenentium seruitiis omnium et singularum earundem, omnibus et
singulis suis pertinentiis, iacentes infra vicecomitatum de Perth, pro tota et
integra dimedietate terrarum de Cambusbarroun cum pertinentiis iacentium
infra vicecomitatum de Striuiling, et hospitio siue tenemento dicti domini,
ante et retro, cum horto et pertinentiis, iacenti infra dictum burgum de
Striuiling, prout in euidentiis eiusdem limitatur, mihi hereditarie per
eundem nobilem dominum dotatis et concessis ; ac etiam pro summis
duarum mille librarum vsualis monete regni Scotie, mihi etiam per prefatum
nobilem dominum persolutis et in vsus meos totaliter conuersis, de quibus-
quidem summis teneo me bene contentum, ac totaliter et integre persolutum,
dictumque nobilem dominum et omnes alios interesse habentes exinde
quitumclamo, et exonero presentis carte mee per tenorem imperpetuum :
Tenendas et habendas totas et integras prenominatas terras cum molendinis
predictis et astricta multura omnium et singularum prefatarum terrarum,
cum tenentibus, tenandriis, et libere tenentium seruitiis earundem et singulis
suis pertinentiis, dicto nobili domino Joanni domino Erskine et heredibus
suis masculis prescripts a me et heredibus meis, de commendatario siue
priore de Inchemahomo et conuentu eiusdem et eorurn successoribus, in
f'eodifirma siue emphiteosi et hereditate imperpetuum, per omnes rectas
metas suas . . . Eeddendo inde annuatim prefatus nobilis dominus Joannes
1562.] GRANT TO JOHN LORD ERSKINE. 361
dominns Erskine et heredes sui masculi prescripti prefatis commendatario
siue priori et conuentui, et eorum successoribus, firmas, proficua et diuorias
eiisdem ante presentem alienacionem debitis et consuetis, prout in carta
mea super predictis terris, molendinis cum astricta multura dictarum
terrarum, cum tenentibus, tenandriis et libere tenentium seruitiis earundem
per eosdem confecta plenius et lathis continetur, tantum pro omni alio onere,
. . . Et ego vero sepefatus Alexander Erskine de Cangnoir, heredes mei et
assiguati, totas et integras prefatas terras de Arnepriour, terras de Gardene . . .
memorato nobili et potenti domino Joanni domino Erskine et heredibus suis
masculis suprascriptis, in omnibus et per omnia, forma pariter et effectu, ut
premissum est, contra omnes mortales warantizabimus, acquietabimus et im-
perpetuum defendemus. In cuius rei testimonium sigillum meum proprium,
presentibus manu mea propria subscriptis, est appensum, apud Edinburgh,
quinto die mensis Octobris, anno Domini millesimo quingentesimo sexage-
simo ; coram his testibus, Dauid Erskine commendatario de Dryburgh, Arthuro
Erskine de Blakgrange, magistro Adamo Erskine recto re de Gampsye, Jacobo
Erskine de Litilsauchquhy, Archbaldo Haldane, Duncano Cunynghame, domino
Andrea Hegie vicario de Falkirk, et Joanne Graheme de Ballindorrane clerico
vicecomitatus de Striuiling, cum diuersis aliis. Quamquidem cartam ac vendi-
tionem et alienationem in eadem contentas, in omnibus suis punctis, condi-
tionibus, articulis et modis ac circumstantiis suis quibuscunque, in omnibus
et per omnia, forma pariter et effectu, approbamus, ratiflcamus, ac pro nobis
et successoribus nostris pro perpetuo, vt premissum est, confirmamus, saluis
nobis et successoribus nostris juribus et seruitiis de dictis terris cum
pertinentiis ante presentem nostram confirmationem debitis et consuetis. In
cuius rei testimonium huic presenti carte nostre manibus nostris subscriptis
sigillum commune dicti nostri monasterii est appensum ; apud dictum mona-
sterium duodecimo die mensis Augusti, anno Domini millesimo quingentesimo
2 z
362
CHARTERS OF INCHMAHOME.
[1562.
sexagesimo secundo, coram his testibus, nobili et potenti dornino Joanne comite
de Menteyth, Colino Campbell de Balquhan magistro Argadie, Jacobo Erskine
de Balgony, Joanne Craigingelt de eodem, Alexandra Hwme de Lwndeis,
Eoberto Graheme de Gartmoir, Joanne Graheme de Ballindorrane, Christoforo
Murray ae magistro Jacobo Graheme et Jacobo Oswald notariis publicis.
Dominus Jacobus Beadftjt, Dauid, Commendatarius de Inchmahomo.
Subprior. Dompnus Thomas M c Lellen, manu.
Dene Wellem Steeleng.
86. Letter of Gift by David Commendator of Deyburgh and Inchma-
home to John Lord Erskine, of a yearly pension of 500 marks. —
31st December 1562. 1
Be it kend till all men be thir present letteris, ws, Dauid commendatar of
the abbayis of Dryburgh and Inchemahomo, with consent and assent of the
conventis of the saidis abbayis, the vtilitie and proffet thairof alwayis foirsene,
vndirstand, and haifand consideratioun of the monyfauld gude deidis done to
ws be ane noble and mychty lord, Johnne Lord Erskin, in the defence of ws
and oure landis and causing of ws to be ansuerit of the fruttis, proventis and
emolimentis thairof, without quhais grite laubouris and diligence we had
bene vterlie owerthrawin in thir trublous tymis, and had nocht bene ansuerit
nor obtenit ane penny of oure rentis to oure sustentatioun : And in respect
of the grite, large and sumptuous expenssis and charges debursit and sustenit
thairvpoun be him, as also for his gude and fauorable manteinance to con-
tinew thairintill in tyme cuming, to haif gevin, grantit and disponit, and be
the tennour heirof gevis, grantis and disponis to the said nobili lord, for all
the dayis of his lyve, ane yeirlie pensioun of the sowme of fyve hundreth
markis, to be payit to him yerlie of the reddiest fruttis, rentis, males, fermes,
1 Orijrinal in the Charter-chest of the Earl of Mar and Kellie.
1562.] PENSION TO JOHN LORD ERSKINE. 363
teindis and eruolimentis of the saidis abbayis : And to the effect that he may
be the mair surlie ansuerit, payit and obeyit thairof, we haif gevin, grantit
and assignit, and be the tennour heirof gevis, grantis and assignis to the said
nobill lord, for all the dayis of his lyve, all and syndrie the fruttis, rentis,
teindsehavis, teindis, emolimentis, and vtheris fruttis, proffettis and dewiteis
of the kirkis and landis efter mentionate, pertening to the saidis abbayis of
Dryburgh and Inchemahomo ; that is to say, the fruttis of the kirkis of
Gulane, Chyndilkirk, Pencaitland, pertenyng to our said abbay of Dryburgh,
and the fruttis of the kirk of Luntbrethen pertening to oure said abbay
of Inchemahomo, and all and syndrie the teind schaves of the landis of
Bordland, liand within the baronie of Cardros, alsua pertening to oure said
abbay of Inchemahomo : With power to the said noble lord to lift, intromet
and vptak all and syndrie the fruttis, rentis, teindis, teindschaves and
emolimentis of the foirsaidis kirkis and landis, be himself and at his awne
handis, or be his factouris in his name, during all the dayis of his lyvetyme,
in all and be all thingis, as we oureself mycht do or hes done in ony tymes
bygane. In witnes quhairof to thir present letteris of assignatioun, sub-
scrivit with onre handis, the commoun seillis of oure saidis abbayis ar to
hungin, at the Castell of Edinburghe, the last day of December, the yer of
God ane thowsand fyve hundreth and sexte twa yeiris, befoir thir witnessis,
Allexander Hwme, Dauid Nicholl, Duncane Name, and Mr. Jhonne Mentetht.
James Beaidfut, Subprior of Dauid, Commendatar off Dry-
Inchemahomo. bruch and Inchmahoruo.
Eobaet Andeesone, Subprior of Mungo Vylsone.
Driburch. Jhone Eudiefurd.
Pateyk Purwas. Willeam Wilsone.
Andeo Ceosnope. Eobeet Myll.
Jhone Symsone. James Jajiesone.
364
CHARTERS OF INCHMAHOME.
[1583.
87. Lea.se by David [Erskine], Commendator of Inchmahome, to James
Seittoun of Tullibody, and John Seittoun bis Son, of the Teind-
sbeaves of the Kirk of Lanye. — 1583. 1
Be it kend till all men be thir present letteris, ws, Dauid, be the permissioun
of God cominendatour of the pryorie of Inchemahomok and convent tbairoff,
the weill, wtilitie and proffeitt of ws and our successouris alwyis foirseine
and considderitt, with matuir deliberatioun had thairwpone, to haue sett and
for meill lettio, as be the tennour heirof settis and for rneill lettis to our
weilbelouittis James Seittoun of Tullibody, and Johne Seittoun his sone, the
langest lewar of thame tua, successiue during all the dayis of thair lyftymes,
and efter thair deceis to the airis, assignais, and subtennentis of the said
Johne, for the spaice of nynteiue yeiris nixt thairefter, all and sindrie the
teindschewis, fruittis, renttis, proffeittis, emolumentis and dewitteis of all
and haill our parsonage of oure parroche kirk of Lanye, with the pertinentis,
lyand within the dyocie of Dunblaine and shirrefdome of Peirth, pertening to
ws as ane parte of the patrimonie of our said pryorie : Quhilkis teyndis the
said James and his predicessouris lies possessit and had of auld in tak and
assedatioun of our predicessouris and ws, the said James entrie thairto to be
and begin at the day and daitt heirof, and fra thinfurth the saidis teynd-
schewis, fruittis, rentis, proffeittis, emolumentis and dewitteis of our said
parsonage, with the pertinentis, to be peciably bruikit, jossit, collectit,
gadderit, sett, wssit and disponit be the said James and Johne his soue, the
langest lewar of thame tua, during thair lyftyyrnes successiue, and be the
spaice of nynteine yeiris nixt efter thair deceiss, be the said Johne, his airis,
assignais and subtennentis foirsaidis, with all and sindry proffeittis, com-
moditteis, privalegis and rychteous pertinentis pertening thairto, or that
1 Original in the Charter-chest of the Earl of Mar and KelJie.
1583.] LEASE OF TEINDS. 365
richteouslie is knawin to aperteine thairto ; with power to thame to call
the intromettouris and dettouris of the saidis teindschewis, proffeittis and
ernolunientis foirsaidis yeirly sa oft as neid beis ; and to put inhibitiounis to
the parrochinaris thairoff as they sail think expedient, lykas we mycht do
our selffis, frielie, quietlie, weill and in peax, but reuocatioun, impediment or
agane calling quhatsumewir : Peyand thairfor yeirly during the said spaice
tbe said James and Johne his sone, his airis and assignais foirsaidis, to ws,
our successouris, commendatouris of our said priory of Inchemahomo, our
factouris and chalmerlanes in our name, the sowme of four scoir merkis
money of this realme, at tua termes in the yeir, videlicet, Candilmes callit
the Purificatioun of our Lady, and natiuitie of Sanct Johne the Baptist callit
Midsummer, be equal portionis allanerly : And we forsuith with consent foir-
said, and our successouris, sail warrand, acquiet, and defend this our tak and
assedatioun to the saidis James Seittoun and Johne Seittoun his sone. . . . [etc].
In witnes of the quhilk thing to thir presentis subscriuit with our handis, the
commoun seill of the said abbay is affixt, at Cardrus, the day off , the
3 r eir of God j m v° four scoir and thrie yeiris, befoir thir witnessis, Mr. Eichert
Halden, subdeane of Dunkell, Dauid Halden, brother german to John Halden
of Glenhegeis, Dauid Home, Eobert Freland, arid Johne Moreson, our seruandis.
Dene Wellem Stekuiling ad idem. Dauid Connnendatar off Inch-
Dene Johin Baxter ad idem. mahomo.
James Bkadfut ad idem.
88. Lease by David Commendator of Inchmahome to Michael Elphinstone
of the Teindsheaves of Gartincaber, etc. — 20th April 1587. 1
Be it kend till all men be thir present letteris, ws, Dauid Commendatare of
the abbay of Inchemahomo and convent thairof togidder convenit, for certane
1 Original in the Charter-chest of the Earl of Mar and Kellie.
366
CHARTERS OF IXCHMAHOME.
[1587.
sowines of money, gratitudes, guid deidis and pleasouris thankfullie payit
and done to ws be oure weilbelouit cousing, Michaell Elphingstoun, serui-
toure domestik to oure souerane lord, quhairof we bald ws weill content
and satisfeit, tending grittumlie to tbe defence of tbe patrimony of oure
said abbay, and for diuers vtheris ressonabill caussis and cousideratiounis
moving ws, tbe vtilitie and proffitt of ws and oure successouris alwyse
at lentb foresene and considerit, eftir gude aduisement and deliberatioun
bad beiranent, to haue sett and in tak and assedatioun lettin, and be tbe
tennour beirof settis and in tak and assedatioun lettis to tbe said Michaell
Elphingstoun, his airis and assignais, ane or ma, all and sindrie the teind-
scheves off all and haill the landis of Gartincabir, Wester Spittiltoun,
Murdochstoun, Ballintoun, and M c Corranestoun, with all and sindrie thair
pairtis, pendiclis, annexis, connexis, and pertinentis quhatsumeuir, lyand in
the parochine of Kilmadok, within the stewartrie of Menteith and schirref-
dome of Perth, for all the space, dayis, yeiris, and termes of the said
Michaellis lyftyrne, and eftir his deceis to his airis and assignais for all the
space, dayes, yeiris, and termes of nynetene yeiris ; the said Michaellis entrie
tbairto beand and begynnand at the feist of Lambmes nixtocum, the yeir of
God j m v c fourescoir sevin yeiris, sua that this present tak sail indure for all
the dayes of the said Michaellis lyftyme, and eftir his deceis, for the said
haill space of nynetene yeiris but rupture or brek of termes ; and all and
sindrie the teindscbeves of the saidis haill landis respectiue foirsaidis with
thair pertinentis, to be peceablie collectit, gadderit, led, intromettit with, vsit
and disponit vpoun be the said Michaell and his foirsaidis during his said
lyftyme ; and eftir his deceis during the said space of nynetene yeiris : With
full pouer to thame to rais, vse, and caus execute yeirlie inhibitiounis vpoun
the heritouris, tennentis, occupyaris and possessouris of the foirsaidis landis,
that nane of thame leid nor intromet with the teindscbeves thairof during
1587.] LEASE OF TEINDS. 367
the spaces respectiue foirsaidis, intent and persew all actioun competent
thairanent, vptak, intromet with and dispone vpoun quhatsumeuir commoditie
and proffit may result thairthrow ; with trie ische and entrie, and with all
and sindrie vtheris commoditeis, fredomes, proffittis, esementis and richteous
pertinentis quhatsumeuir pertening thairto, frelie, quietlie, weill and in peax,
but ony reuocatioun, obstakle, impediment or aganecalling quhatsumeuir :
Payand thairfore yeirlie, the said Michaell Elphingstoun, his airis and
assignais, to ws and oure successouris, oure chalmerlanis and factouris in
oure name, during the spaces respectiue foirsaidis, the sowme of nyne pundis
sex schilling audit pennyis vsuall money of this realme, at tua termes in
the yeir, Witsonday and Martimes in winter, be equall portiounis allanerlie :
And we forsuith, the said is Dauid Commendatare of Inchemahomo, convent
thairof, and oure successouris of the said abbay, this present tak and asseda-
tioun to the said Michaell Elphingstoun, his airis and assignais, of all and
sindrie the saidis teindscheves of all and haill the saidis landis of G-artincabir,
Wester Spitteltoun, Murdochstoun, Ballintone, and M c Corranestoun, with all
and sindrie pairtis, pendiclis, annexis, connexis, and pertinentis quhatsumeuir,
lyand as said is, during the spaces respectiue foirsaidis, in all and be all
thingis, as is abonewrittin, aganis all deidlie, but fraude or gyle, sail warrand,
acquiet and defend. In witnes of the quhilk thing, to thir present letteris of
tak subscriuit with oure handis the commoun seill of the cheptoure of oure
said abbay is appendit, at Cardaruss, the tuentie day of Aprylle, the yeir of
God j m v° foure scoir sevin yeiris ; befoir thir witnessis, Johne Carmichell,
William Fargy, James Wre, and Johne Cars, my serwitouris.
J. Carmichaell, witness. Dauid, Commendatar off Inchmahomo.
Villiam Fargy, witnes. Dene James Bredfut.
Dene Wellem Steeleng.
368 CHARTERS OF INCHMAHOME. [1646.
89. Eental of the Feu-duties of Inchmahome. — October 1646.
Informatioun off the Few-meallis payed out off the temporal landis off the
Priorie of Incheniahummoe.
In the first, the landis off Arnepriour and mylne thairoff, and landis of Kept,
pertening to Johne Buchannane of Arnepriour, and in wodsett to
William Buchannane, payes yeirlie of few-meallis xv Hb. iij s. x 6!.
The landis of Eister Garden, ..... ix Hb. vj s. viij 3.
The landis of Blarecesnoche and Owire and Nethire Garturris, . vij Hb.
The landis off Lochend, 1 s. The landis off Westire Poldure, . xl s.
The landis off Eister Poldure, - . . . . xxxviij s.
The landis off Arnewiccare, ..... iiij lib. viij s. xi d.
The litill wairde off Gwiddie, . . . . . xxiij s. iiij d.
The landis of Clerktoune, xlvj s. viij d. The kirklandis of Lanye, xxx s.
[Memorandum.] — To trye how the kirklandis of Lanye ar haldin, and to
whom they pay tliair few-dewtie. The Erlle of Perth and Laird of Lanye.
The landis off Gartledenye alias Hiltoun. The landis off Arnecleriche.
The landis callit Horniehaicke and the Bordland, . . . x Hb.
The landis of Ballingrew, xliij s. iiij d. The landis of Drummannikloche.
The mylne of Cardrose.
The monasterie and precincte, with the yairdis and the Priouris medowe,
fewit to the Erll off Monteythe, . . . . . xx §.
Ane tenement off land in the toun off Striuiling and yarde callit the Priouris
manse.
The loche off Inchemahummoe and fischeing thairoff.
The landis off Armawack. The kirklandis off the Porte.
The kirklandis off Lintreathen. The kirklandis off Kilmadock.
Ane house and yarde and rude off land in Dumbartane. The land in Eow.
569
APPENDIX
OF
MISCELLANEOUS PAPERS AND CORRESPONDENCE.
I— PAPERS RELATING TO QUEEN MARGARET AS LIFERENTRIX OF
THE LORDSHIP OF MENTEITH, THE CASTLE OF DOUNE, ETC. 1
90. Obligation by William Edmonstone of Duntreath and others, to
Margaret, Queen of Scots, for the safe keeping of Doune Castle,
etc. — Dunblane, 29th September 1520.
Be it kennd till all men be thir present lettres, ws, William e Edmonstoun
of Duntreth, Johnne of Striueling of the Kere, knycht, George Schaw of the
Knokbill, and Recharde Lekky of that Ilk, to be bundin and oblist, and be
thir our present lettres, and the faith and treuth in oure bodijs, lelelie and
treulie bindis and oblisis ws and ilk ane of ws, coniunctlie and seueralie,
oure airis, executouris, and assignais, to ane richt excellent, hie, and michtj
princes, Margaret, be the grace of God, Quene of Scottis, for the sikker and
sure keping of the Castell and place of Doune in Menteth, quhilkis pertenis
now to hir hienes be resoun of coniunct fie, furth of the handis of all vthir
handis, and to be reddy at all tymes to ressaue hir hienes, oure souerane
lord hir derest sone the Kingis grace, in the said castell and place at hir
plesour, hir hienes or the Kingis grace makand thare expensis the tyme of
thare being thare : Enduring all the tyme and space that the said Williame
1 The Originals of these Papers are in the Charter-chest of the Earl of Moray at Donibristle.
3 A
370 PAPERS RELATING TO DOUNE CASTLE. [1520.
or Archibald Edmonstoun his brother, quhilkis has takkis of the said castell
and place, cum to thare perfite age of xxj zeris, and alse that nane man of
grete autorite nor gret clan haue na autorite of the keping of the said
castell vnder thame, nor zit sail ressaue na trespassouris nor brokin men in
the said place, and alse sail mak hir hienes and hir chaumerlanis of hir
lordeschip of Menteth, within all boundis of the Stewartry of the samyne,
to be reddely ansuerit, pait, and obeit of all males, fermes, gressumys, mertis,
mert siluer, irne, and all vthir dieweteis quhatsumeuer that pertenis or suld
pertene to hir hienes, within all the boundis of the said lordschip and
stewartry, of all termes to cum, and alse of all restis bigane, gif sa beis that
Walter Buquhannan falzeis in the inbringing of the samyne, and gif mister
be, that we sail pund and distrenze for hir saidis males and dieweteis, and
mak the samyne to be inbrocht to hir hienes to the castell of Striueling, sua
that hir hienes sail want na payment enduring the space and tyme forsaid ;
and gif it sail happin the said Wilzam Edmonstoun or Archibauld his brothir,
quhilkis for the tyme happinnis to haue the keping of the said place, to falze
in the keping of the samyne, or to falze in the payment and inbringing of hir
hienes males, fermes, mert siluer, and dieutez of hir said lordschip, the landis
beand strenzeable, in that caise it salbe lefull to hir hienes to dispone apone
hir said castell and keping thareof as scho thinkis expedient, nochtwith-
standing ony takkis that thai happin to haue for the tyme to outryn of the
sammyne ; and alse gif it sail happin hir hienes to want payment of her
males, fermes, and dieuteis as said is, in that caise it salbe lesum to hir hienes
to send and prise of our reddiest landis and gudis to the avale and quantite
of the sovmes or restis that happinnis to rest vnpait for the tyme, and to the
observing and keping of all and sindry the premissis, we and ilk ane of ws
bindis and oblisis ws, our ayris, executouris, and assignais, coniunctlie and
seueraly, to the said excellent and mychtj princes the Quenis grace, in the
1-52.5.] QUEEN MARGARET REFUSED ADMISSION TO DOUNE. 371
sikkerest stile and forme of obligacion but fraude or gile, and consentis and
ordanis this band, contracte, and oblising, to be actit in forme of act in the
officialis bukis of Dunblane, for the observing of the sammyne, vnder the
panis of cursing. In witnes hereof we, the forsaidis lardis, has affixit our
selis with our handis writtis, at the Dunblane, the xxix day of September,
the zere of God j m v c and tuentj zeris.
Willzem Edmonstoun of Duntreith.
Jhone Striueling of ye Keir.
Georg Schaw of the Knokhill, w*
my hand at ye pen.
Eechart Lykke of y* Ilk. 1
91. Charge by Margaret, Queen of Scots, to William Edmonstone of
Duntreath, to receive her within the Castle of Doune, with his refusal.
—Stirling, 4th July 1525.
Eegina.
Thomas Eobeson, forsamekle as I purpois to pas and reman certane space
within my place and castell of Downe, tharefore I charge ye, incontinent
this my precept sene, to pas to William Edmonstoun of Duntretht, kepar of
my said castell, to mak it rady for ressauying of me at this tyme, efter the
forme of his band maid to me thareapone, and vnder the payns contenit
tharein, committand to ye my full power thareto, bringand this precept agane
with his answer. Subscriuit with my hand at Sterling, the ferd day of Julij,
the zere of God j m v c and twenty fyve zeris. Margaret E
The ferd day of July, the zere of God j m v c and xxv zeris, 1, Thomas
Eobeson past at the command of this my souerane lady the Quenis gracis
1 The seals of Edmonstone. Stirling, and Shaw are still affixed, in fair preservation.
372
PAPERS RELATING TO DOUNE CASTLE.
[1527.
precept, within writtyn, to William Edmonston of Duntretht, kepar of the
castell of Downe, and desyi'it him to mak it rady for ressauyng of the Quenis
grace at this tyrne, efter the forme of his band maid to hir grace thareapone,
and vnder the panis contenit in the samyne. And the said William gaif
me answer, sayand he wald ressaif hirself and hir gentillwomen, bot he wald
nocht ressaif hir seruandis, and I declarit to him agane that hir grace wald
nocht cum thar without hir seruandis effering till hir estait. And this I did
befor thir witnes, Sir Thomas Zoungman, Chalmerlain of Menteth, Jhone
Edmonston, and Archibald Edmonston, with vtheris diuerss ; and for the mair
securite I haif affixit to my signet to this my indorsing, day and zere forsaid.
92. Decree by the Lords of Council against William Edmonstone of
Duntreath, to deliver up Doune Castle to the Queen within forty-eight
hours.— Edinburgh, 11th July 1527. [Extract.]
At Edinburgh, the xj day of Julii, the zere of God j m v c and xxvij zeris. The
Lordis of Counsale vndirwrittin, that is to say, reuerend faderis in God,
George Bischop of Dunkeld, Gawyne Bischop of Abirdene, Dauid Bischop
of Galloway, noble and mychtie lordis, [George] Erie of Huntlie, Gilbert Erie
of Cassillis, Archibald Douglas thesaurare, Maister Thomas Erskin secretare,
James Coluile of Vchiltre comptrollare, Maister Adam Ottirburn of Auldhame,
and Nichole Craufurd of Oxingang, justice clerk, anent our souerane lordis
lettrez rasit at the instance of the Quenis grace aganis William Edmonstoun
of Duntreith, that quhar he intromettis with hir castell and place of Dovne
in Menteith, pertening to hir in coniunct fie, and will nocht suffir hir and
hir seruandis to intromet with the samyn, and als anent the charge gevin to
the said William Edmonstoun and all vtheris withhaldaris of the said place
and castell, to deliuer the samin to the Quenis grace, or hir factouris, within
1527.] EDMONSTOXE TO DELIVER UP DOUJfE CASTLE. 373
xlviij houris nixt efter thai war chargit tliarto, vndir the pane of rebelliouu and
putting of thaim to the home, or ellis to compeir befor the Lordis of Counsale
the thrid day nixt tharefter, to schaw ane resonable cause quhy thai suld
nocht do the saniyn, as at mair lenth is contenit in the saidis lettrez : The
Quenis grace being personaly present, and the said William Edmonstoun lauch-
fully summond to this actioun, oft timez callit and nocht comperit, the Lordis
of Counsale decernis our souerane lordis lettrez to be direct simpliciter, aganis
the said William Edmonstoun and all vtheris, withhaldaris of the said castell
of Dovne in Menteith, to deliuer the saniin to the Quenis grace, or hir factouris,
within xlviij houris nixt efter thai be chargit, vnder the pane of rebellioun,
becaus thai war chargit of befor to deliuer the samyn to the Quenis grace, or
hir factouris, within xlviij houris efter thare charge, vnder the said pane of
rebellioun, or ellis to compere befor the saidis Lordis and schaw ane resonable
caus quhy thai suld nocht do the samyne ; with certificatioun to thaim and
thai failzeit, the Lordis wald decerne lettrez simpliciter aganis thame in the
said matter, according to justice, and comperit nocht to the effect forsaid, and
lettrez to be direct heirapone as efferis. Extractum de libro actorum per me
Gavinum episcopum Aberdonensem, clericum rotulorum registri ac consilii
supremi domini nostri regis, sub meis signo et subscriptione manualibus.
Gawinus Dunbar.
93. Warrant by King James the Fifth to William Edmonstone of
Duntreath, to deliver up Doune Castle to the Queen. — 20th August
1527.
Rex.
Weilbelouit freynd, we grete zou weil. And forsamekill as our derrest inoder
the Quene lies optenit ane decreit of the Lordis of our Counsale, with our
374 PAPERS RELATING TO DOUNE CASTLE. [1527.
vtheris lettres thairupoun in diuerse formes, chargeing zou and the withhaldaris
of our castell of Dovne in Menteith to deliuer the samyn to our said derrest
nioder, or hir factouris, vnder diuerse panis specifyt in our saidis vtheris lettres,
as the samin beris, quhilkis ze haue contempnandlie dissobeyit, quhairof we
nierwell greitlie : Oure will is heirfor, and we charge zou stratelie, and
commandis ze deliuer the said house and castell to our said derrest moder, or
hir factouris, within xxiiij houris nixt eftir the sicht heirof, eftir the forme of
the said decreit and our vtheris lettres past thairupoun, certifying zou and ze
failze thairin, that we will cum in propir persoune and tak our said house fra
zou to zour displesour ; and certify ws of zour ansuer heirin agane with this
berar in writ, that we may remember thairone, as ze will ansuer to ws
thairupoune at zour vter charge. Subscriuit with our hand and vnder our
signete, at Edinburgh, the xx day of August, and of our regnne the xiiij zere.
James E.
To our weilbelouit freynd, William Edmonstoun of Duntreiff, etc.
The xxiiij day of August, the zere of God j m v c xxvij zeris, I, Alexander
Carmaig, messingere, passit at the command of the Quenis grace with this our
souerane lordis patent lettre within writtin, to the castell zett of Dovne in
Menteith, and thare I presentit the samin to Willeam Edmonston of Duntreiff,
personaly apprehendit, quhilk ressauit the said lettre and ane copy of the
samin, and quhen I desirit his ansuer in wryte, he said he wald obey the
Kingis grace in all thingis, and bere his ansuer to his grace himself. And
this I did befor thir witnes, Malcome Kynross, Eobert [Marrnoch ?], Donald
Donaldson, and Edward Spittale, burges of Striueling and notar public ; and
for mare securite herof, I haue affixt my signet, day, zere, moneth, and place
forsaid.
1527.] FURTHER PROCESS AGAINST EDMONSTONE. 375
94. Sentence of the Lords of Council, refusing to liberate William Edmon-
STONE of Duntreath from the decree of horning. — Edinburgh, 28th
August 1527. [Extract.]
At Edinburgh, the xxviij day of August, the zeire of God j m v c and xxvij zeiris,
the Lordis, be sentence interlocutour, decernis that Williame Edmonstoune of
Duntreith suld nocht be relaxit fra the home, nor haue place to persew the
summondis raisit be him for retractatioune of ane decrete optenit be the
Quenys grace aganis him, vnto the tyme the said Williame had obtemperit
and obeyt the effect of the said decrete. Extractum de libro actorum per
me Gavinum Episcopum Aberdonensem, clericum rotulorum registri ac con-
silii supremi domini nostri Regis, sub meis siguo et subscriptione manualibus.
Gawinus Dunbar.
95. Letters by King James the Fifth, recalling the letters of release granted
to William Edmonstone of Duntreath, and again denouncing him
rebel.— Falkland, 20th October 1527.
James, be the grace of God, King of Scottis, to oure louittis
messingeris, greting. Forsamekill as throw circumwentioun and wrang
informatioun maid to ws, we laitly gaiff our vtheris lettres to relax William
Edmonstoun fra the proceis of oure home, led on him for non deliuerance
to our derrest moder the Quene of Mr hous and castell of Dovne in Menteith,
quhilkis letteris of relaxatioun we be thir presentis annullis and dischargeis,
and will that the samyn haue na forthir strenth nor effect in tyme to
cum, because that thai ar cinisterlie purchest be wrang informatioun, as
said is, and will that the first lettres purchest be our said derrest moder,
be quhilk the said Willliam wes procest to our home, haue strenth and
effect ay and quhile the samyn be ordourly reducit, nochtwithstanding ony
376 PAPERS RELATING TO DOUNE CASTLE. [1527.
privat lettres purchest or to be purcheist at ws in the contrare, because
the saidis lettres, purchest be our derrest moder, ar past apoun ane decrete
of the Lordis of our Counsale, declaiming that our mynd is nocht to stoip
sic lettres nor proces that passis be justice ; and geiff we gaif ony lettres
in sic stoppin of justice, thai ar purcheist be wrang informatioun, as
said is. Oure will is herefor, and we charge zow straitlie, and comniandis
that ze, and ilkane of zow, incontinent thir our lettres be zow sene, pas
and mak publicatioun and intimatioun to the said William of thir our
lettres of suspentioun and declaratioun of the saidis vtheris lettres, cinisterlie
purcheist be him as said is, to be of nane force nor awaile in tyme cumin ; and
attour, that ze of new denunce him our rebell and putt him agane to our horn
at all placis neidfull, eftir the forme of the saidis first lettres purchest be our
said derrest moder, quhilkis lettres we will that ze of new execute ay and
quhill he obey the charge tharof, or that he ourdourlie reduce the samyn as
said is, and that ze charge all and syndrie our legeis, be oppin proclamatioun
at our borrowis of Perth, Striueling, Dunbertan, and Linlithqw, that nane of
thame assist, fortyfy, mayanteine, nor intercommone with the said "William sa
lang as he remanis at our home, the quhilk to do we committ power to zow,
and ilkane of zou, be thir our lettres be zow deulie execute and indorsat, to be
deliuerit agane to our said derrest moder. Subscriuit with our hand, and
gevin vnder our signet, at Faulkland, the xx day of October, and of our regnne
the xv zera James P,
96. Commission by Margaret, Queen of Scotland, to James Stewart,
brother of Andrew, Lord Avandale, to be Captain of Doune Castle
and Steward of Menteith.— 1527.
Margaret, be the grace of God, Quene of Scotland, coniunct fear of the
landis and lordschip of Menteith, to all and sindry quham it efferis, and quhais
1527.] JAMES STEWART APPOINTED CAPTAIN OF DOUNE. 377
knawiege thir our lettres salcum, greting. Wit ze ws, of perfyt and mature
deliberacioune, for oure awin wele and singuler proffite, and for the commone
wele of oure said lordschip, till haue maid, constitut, and ordinit, and be the
tennour herof makis, constitutis, and ordinis oure traist familiare seruitour
James Steward, bruther germane vnto oure cousing Androw Lord Avyndale,
oure Steward of oure said lordschip of Menteith, and Capitane of oure castell
of Dovne within the samyn, for all and sindry the dais and tennis of our
liftyme, the entres of the said James in and to the said officis of stewardry
and capitanry salbe at the feist of Witsonday nixt and immediat following
the date herof; to be brukit and josit be the said James Steward during
oure liftyme, as said is, with all and sindry proffitis, commoditeis, fredomes,
asiamentis, and richtuus pertinentis pertenying and liand thairto be vse and
wont, qukilkis William Edmonstoune of Duntreth, last Stewart and Capitane
of oure said lordschip and castell, haid and josit for the said stewardry and
capitanry, and in all sort and maner as he brukit the samyn. And attoure,
we committ to our said seruitour James Steward, oure full power to substitut
and deput vnder him in the said office of stewardry, ane or maa of smallare
power and degree than him self for exerceing of that office, for quham he
salbe haldin till ansuer till ws ; and richt sua till imput and output in oure
said castell of Dovne, constabillis and vtheris necessaris officiaris for sure keping
of the samyn till oure vtilite, for quham siclyke he salbe haldin till ansuer,
and till obserue and kepe our said castell till oure behufe, and the samyn to
be redy till ws at all tymmes quhen we sail charge [him]. And ferder, because
we haue srret confidence and traist in oure said seruitour James Steward, we
committ vnto him, be thir presentis, oure full power of chavmerlanrye within
oure said lordschip, with strynth to substitute vnder him in that office quhat
personis he sail thinke expedient for his help and oure vtilite and proffit, to
lift, raise, vptak, and inbring all and sindry oure malis, fermis, gressomes, and
3 B
378 PAPERS RELATING TO DOTJNE CASTLE. [1527.
dewiteis of the samyn zerlie and termlie during our lyftyrne, as said is, and,
gif neid beis, to poynd and distrenze therfore as efferis ; ferme and stable
haldand and for to bald all and quhatsumeuir thing, oure said seruitour James
Stewart, be him self or his substitutis and deputis forsaid, in oure name in
the premissis ledis to be done, in vsing of his officis of stewardry, capitanry,
and chavmerlanrye abonexpremit. In faith and witnes of the quhilk thing
to th[ir o]ure present lettres, subscriuit with oure hand, [oure] propfir sele]
is affixt, at the day of the zere of God j m v c xxvij zeris.
Margaeet E. 1
97. Instrument narrating proceedings in the Court of the Stewartry of
Menteith, declaring the expiry of tack to William Edmonstone of
Duntreath, and appointment of James Stewart Captain of the Castle.
— Doune Castle, 6th August 1528.
In Dei nomine, amen. Per hoc presens publicum instrumentum cunctis pateat
euidenter et sit notum, quod anno Dominice incarnacionis millesimo quingen-
tesimo vigesimo octauo, men sis vero Augusti die sexta, iudiccione prima,
Pontificatus sanctissimi in Christo patris, et domini, nostri domini Clementis
diuina prouidencia Pape septimi, anno quinto. In mei notarii publici et
testium infrascriptorum presencia, personaliter constitutus honorabilis vir
Eobertus Callendar de Manere, balliuus serenissime et excellentissime
principisse Margarete, Eegine Scocie.ac nobilis et generosiviri Henrici Steward,
eius sponsi, per eosdem in hac parte specialiter ordinatus in actione et causa
coram ipso balliuo, pro parte dicte excellentissime principisse suique sponsi
prefati, contra et aduersus Willelmum Edmonstoun de Duntreth, mature
auisatus de assessorum suoruin, communicato consilio, pro tribunali sedens,.
1 A portion only of seal now remains.
1528.] COURT OF THE STEWARTRY HELD AT DOUNE. 379
prope castrum cle Down in Menteith in curia legittime affirmata, suuni
decretum pronunciauit et prornulgauit in nostra Scotica et wlgari, cuius series
seu tenor, vnacum titulo prefate curie, de verbo ad verbum sequitur, et est
talis : — Curia excellentissime principisse Margarete, Regine Scocie, et nobilis
viri Henrici Steward, eius sponsi, tenta apud Doun in Menteith, per honor-
abilem virum Eobertum Callendar de Maner, eorum balliuum in hac
parte specialiter constitutum, sexto die mensis Augusti anno Domiui
millesimo quingentesimo vicesimo octauo, curia affirmata et sectis vocatis.
The quhilk day, in the actioun and caus persewit be the Quenis grace and
hir spous, aganis William Edmenstoun of Duntreith, to produce his lettir of
tak of the capitanrye and keping of the castell of Down in Menteith, and
of certane landis Hand within the lordschip of Menteith, pertenyng to hir
grace in lifrent, allegeit maid be hir to the said William, and to here the
samyn declarit expirit, extinct, and to be of nane avale, and the samyn to be
frelie vsit, set, and disponit be hir grace in tyme to cum ; becaus the said
William band and oblist him that he sulci resaue the Quenis grace within hir
said castell, als oft as he suld happin to be requirit thareto within the terme
of the said tak, and falzeing tharof the samyn to be expirit ; and the said
William beand lauchfully requirit to ressaue hir within hir said castell in
tyme of gret neid and mister, scho beand desolat of vtheris hir howsis,
refusit to ressaue hir tharin, and for vtheris diuers causis, as at mare lynth is
contenit in the summondis and precept direct in the said mater. The Quenis
grace and hir said spouse, with thare aduocat, Maister Robert Galbraith,
personaly present, and the said William Edmenstoun beand personaly and
lauchfully summond and arrestit to this actioun, oftymmes callit and noclit
comperit,lauchfull tyme of the day biddin, the richtis,ressouns, and allegatiouns
for the Quenis grace beand herd, sene, vnderstand, and tharwith ryplie avisit,
the forsaid baize, with avise of his assessouris, decretis, deliueris, and pronuncis
380 PAPERS RELATING TO DOUNE CASTLE. [1528.
that the tak maid he the Quenis grace to the forsaid William Edmenstoun
of the capitanry and keping of hir castle of Down in Menteith, and of all
vtheris hir landis quhilkis ar specifeit in the samyn, is extinct, expirit, and
forfalt to the Quenis grace, to be frelie disponit tharupone during hir liftyme ;
becaus the said William hand and oblist him that he suld ressaue the Quenis
grace within hir forsaid castell als oft as it suld happin him to be requirit
tharto, and thare to remane apoun hir expensis, and als to inbring to hir grace
and hir chavmerlan all rnalis, fermis, and vthiris dewiteis of all and hale hir
landis of Menteith zerlie, and siclyk of the restis awand, and falzeing tharof,
the said tak to be expirit, and hir said castell and landis to be frelie disponit
at hir plesour, nochtwithstanding the samyn, as at mare lynth is contenit in
his lettres obligatouris vnder Hs sele and subscriptioun, producit, schewin,
and red in jugement, and the said William refusit to ressaue hir grace within
hir said castell, he beand lauchfully requirit tharto ; and als lies falzeit in the
paying of the malis of the landis of Cultintogill, Brokland, Balmoris, Myltoun,
Calzebuchquhalze, the bra of Cammys and the warde of Gwdy, liand within the
said lordschip of Menteith, occupeit be the said William ; and in the inbringing
of the malis of the landis of Duchray occupeit be George Buchquhannan of
that Ilk, Corryquhrumby occupeit be Duncane Walterstoun, Buchquhoppill
and Ballinton occupeit be Walter Buchquhannane, Blargarre occupeit be
Bobert Steward, Buchquhoppill occupeit be Archibald Edmenstoun, liand
within the said lordschip, extending in the hale to tua hundreth fourty aucht
n or tharby, as wes clerlie and sumcientlie previt before the said baize in
jugement, and ordinis preceptis to be direct tharupone as efferis. Post
cuiusquidam decreti suprainserti pronunciacionem et promulgacionem, com-
paruit in judicio quidam Johannes Edmenstoun in Cammysmore commorans,
et protestabatur solemniter, nomine et ex parte vt asseruit prefati Willelmi
Edmenstoun de Duntreith, in huiusmodi decreto principaliter nominati, quod
1528.] PROTEST FOR EDMONSTONE, AND COUNTER PROTEST. 381
quicquid factum fuerat per predictum balliuum coiitra dictum Willelmum
Edmenstoun, eidem non cedat aliquo modo in preiudicium ; et, ex aduerso,
comparens circumspectus vir, Magister Eobertus Galbrath, procurator seu
prelocutor prelibate serenissime principisse suique sponsi antedicti, tunc
personaliter presencium, et eo nomine obtulit se promptum et placatum
predictum Johannem Edmenstoun, seu alium quemcunque, ad defendendum
supratactam accionem pro dicto Willelmo Edmenstoun deDuntreith admittere,
ostenso primitus per eosdem sufficiente mandato vel inuenta cautione de
rato, vt moris est, et vlterius obtulit idem Magister Eobertus, procurator
seu prelocutor antedictus, et eo nomine, in presencia prefate serenissime
principisse suique sponsi predicti hoc idem mandancium et affirmancium,
se assouerare sepefatum Willelmum Edmenstoun, seu quemcunque alium
eius nomine, ad comparendum pro defensione supradicte actionis, et ad
proponendum et allegandum omnes suas legittimas defensiones quibus
vti vellent, pronunciacione et promulgacione suprainserti decreti in aliquo,
non obstantibus, ita quod huiusmodi allegaciones et defensiones, sic pro-
posite et allegate pro parte ipsius Willelmi Edmenstoun, vt exposuit,
idem Magister -Eobertus eundem haberent locum tantamque vim et
effectum, acsi in inicio Curie et ante pronunciacionem suprainserti decreti
fuissent proposite et allegate : Et protestatus est solenniter ipse magister
procuratorio nomine quo supra, quod prefatus Willelmus Edmenstoun impos-
terum allegare non poterit quin ipse suique amici, vel alii quicunque suo
nomine, pro huiusmodi actionis defensione et tuicione, cum secura et firma
asseuerancia prefate illustrissime domine regine suique sponsi antedicti, ac
alias cum omni beniuolencia, secundum formam et exigenciam juris admitti
videbantur : Quibus peractis, honorabilis vir Jacobus Steward, frater ger-
manus prefati nobilis et generosi viri Henrici Steward, quamdam cartam
pergamino seriptam, magno sigillo serenissimi domini nostri Eegis sigil-
382 PAPERS RELATING TO DOUNE CASTLE. [1528.
latam, de data apud Edinburgh decimoquarto die mensis Julij, anno Domini
millesimo quingentesimo vigesimo octauo, ac sue serenitatis regni anno
decirnoquinto, eidem Jacobo Steward confectam per prefatum serenissirnurn
dominum nostrum Eegem modernum, cum expressis consensu et assensu pre-
late illustrissime domine nostre regine, de [et] super custodia et capitania dicti
castri de Down, vnacum officio senescallatus de Menteith, pro toto tempore
vite ipsius Jacobi, prout in huiusmodi carta per me, notarium subscriptum,
lecta et intellecta, latius continetur : Quamquidem cartam sua serenitas ad
se gratanter recepit per humilem exhibicionem predicti Jacobi Steward, ea
qua decuit reuerencia, ad manus sue serenitatis desuper factam, eandemque
cartam, cum expressis consensu et assensu dicti sui sponsi, tunc presentis et
consencientis in omnibus suis punctis et articulis, sua serenitas ratificauit
et approbauit, prout per hoc presens publicum instrumentum ratificat et
approbat, volens et decernens huiusmodi cartam tantorum vigoris et roboris
esse, eundemque per omnia effectuni sortiri debere, acsi ipsa eadem carta post
suprainserti decreti pronunciacionem et promulgacionem confecta esset et
concessa ; Insuper, ipsa serenissima domina Eegina, cum consensu et assensu
prefati sui sponsi, dictum Jacobum Steward, capitaneum et senescallum
antedictum, in et ad huiusmodi capitaniam necnon senescallatus officium,
secundum vim, formam, effectum et continentiam prefate sue carte desuper
concesse, realiter et cum effectu intrauit et recipi fecit, ac eciam in facie
publica predicte curie sua serenitas solemniter mandauit omnes libere
tenentes aliosque inhabitantes terrarum et dominii de Menteith, ad prompte
parendum et obediendum eidem Jacobo Steward, tanquam vero et indubitato
capitaneo predicti castri de Down ac senescallo de Menteith antedicto,
suisque deputatis, et nulli alteri, pro toto tempore vite ipsius Jacobi, in
omnibus et per omnia, secundum vim et continentiam sepefate sue carte
desuper, vt prefertur, concesse et confecte : Super quibus omnibus et singulis
1528.] JAMES STEWART APPOINTED STEWARD OF MENTEITH. 383
predicti Magister Eobertus Galbraith, procurator seu prelocutor antedictus,
et eo nomine, ac eciarn Jacobus Steward pro se, a me, notario publico sub-
scripto, sibi fieri hincinde vnum vel plura publicum seu publica mutuo
petierunt instrumentum aut instrumenta. Acta fuerunt bee prope castrum
de Down, in publica facie predicte curie, bora vndecima antemerediem, vel
eocirca sub anno, die, mense et pontificatu quibus supra ; presentibus ibidem,
nobilibus et generosis viris et dominis Jacobo comite Mor'auie, Andrea domino
Avindale, Arcbibaldo Campbell magistro de Ergile, Johanne Striuiling de
Keyre, milite, Andrea Galbraith de Culcreucbt, et domino Waltero Steward
vicario de Abirnethy, cum multis aliis testibus ad premissa vocatis pariterque
rogatis.
Et ego Alexander Turing artium magister, Abirdonensis diocesis presbiter
[etc. in forma communi].
98. Commission by King James the Fifth to James Stewakt, Captain of
Doune Castle, as Steward of the lordship of Menteith. — 8th August
1528.
Jacobus, Dei gracia, Eex Scotorum, omnibus probis hominibus suis ad quos
presentes litere peruenerint, salutem. Sciatis quia dilectus noster Jacobus
Stewart, per ipsius supplicationem consilii nostri dominis porrectam, exposuit
quod habet per nostras donacionem et assedacionem, cum consensu carissime
matris nostre regine, capitaniam siue custodiam castri nostri de Dovne in Men-
teith, cum certis aliis terris, vnacum officio senescallatus nostri de Menteith,
prout in sua litera assedacionis sibi sub nostro magno sigillo desuper confecta
plenius continetur. Nos igitur, ex dictorum dominorum deliberacione, com-
misimus, proxit tenore presencium committimus, dicto Jacobo nostram
plenariam potestatem et mandatum speciale, officio senescallatus nostri de
384 PAPERS RELATING TO DOUNE CASTLE. [1528.
Menteith antedicto, secundum tenorem,formam et effectum dictarum nostrarum
literarum assedacionis et donacionis vtendi, ac officiarios et ministros ad
dictum officium necessarios creandi, deputandi, ordinandi et jurari faciendi,
pro quibus respondere tenebitur, et generaliter omnia alia et singula faciendi,
gerendi et exercendi, que in premissis et circa ea necessaria fuerint seu
quomodolibet oportuna. Eatum et gratum habentes et habituri totum et
quicquid dictus Jacobus, senescallus noster de Menteitb antedictus, sui ve
deputati et officiarii ac rninistri, in vsu et exercicione dicti officii rite duxerit
seu duxerint faciendum. Datum sub testimonio magni sigilli nostri apud
Striuiling, octavo die mensis Augusti, anno Domini millesimo quingentesimo
vicesimo octauo, et regni nostri decimoquinto.
99. Commission by Margaret, Queen of Scotland, with consent of Henry,
Lord Methven, her husband, to James Stewart his brother, to be
Captain of Doune Castle, and Steward and Chamberlain of Menteith.- —
1st September 1528.
Margaret, be the grace of God, Quene of Scotland, conjunct fear of the landis
and lordschip of Menteith, to all and syndry quhome it efferis, quhais
knawlege thir oure lettres sal cum, greting. Wit ze ws, witht perfit and mature
deliberacioun, for oure awin wele and singulare proffett, and for the commone
weill of oure said lordschip, witht express consent and assent of oure derrest
spouse, Henry Steward of Methven, to haue maid, constitut, and ordanit,
and be the tennour of thir presentis makis, constitutis, and ordinis oure traist
familiare seruitour, James Steward, brothir german to oure said derrest spouse,
oure Stewart of oure said lordschip of Menteith, and capitane of oure castell
of Down within the samyn, for all and sindry the days and termes of oure
liftyme, the entres of the said James in and to the saidis offices of stewardry
1528.1 LANDS PERTAINING TO CAPTAINSHIP OF DOUNE. 385
and capitanry salbe at the making herof, to be broukit and josit be the said
James during oure liftyme as said is, witht certane landis vnder writtin
pertenyng to the capitanry and keping of oure said castell, that is to say, ten
mark land of auld extent of Estir Frew, five mark land of auld extent of
Myddle Frew, five mark land of auld extent of Wester Ergady, aucht pound, six
shillingis, aucht penne land of auld extent of Drumcamsy and Bellekeraucht,
five pound land of auld extent of the Kerss of Cammyss, witht the myln and
cruvis of Down, and fisching of lowis and stankis of Lugnok, Lochbanaquhare
and Gudy, witht all thair pertinentis, and witht all and syndry vtheris pro-
ffettis, commoditeis, fredomes, asiamentis and rychtuus pertinentis, pertenyng
and liand thairto, be wse and wount, quhilkis William Edmenstoun of Duntreth,
last stewart and capitane of oure said lordschip and castell, had and josit for
the said stewartry and capitanry, and in all sort and maner as he broukit the
samyn. And attoure, we commit to oure said seruitour James Steward oure
full power to substitut and deput vnder him in the sa id office of stewardry ane
or maa of smallare degre than him self, and of smallare power, for excersing of
that office, for quhaute he salbe haldin to ansuer till ws, and rychtsua to imput
and output in oure said castell of Down constabillis and vtheris officiaris
necessaris for sure keping of the samyn to oure vtilitie and proffet, for
quham siclik he salbe haldin to ansuer, and to obserue and kepe treulie
oure said castell to the behalf of ws and oure said derrest spouse, and
the samyn to be reddy to ws and oure said spouse at all tymmes quhen
we sail charge. And ferder, because we have gret confidens and traist
in the said James oure seruitour, witht express avise and consent of our
said derrest spouse we commit vnto the said James be thir presentis
oure full power of chavmerlanry within the said lordschip, witht strynth
to substitut vnder him in that office sic personis as he sail think
expedient for his help and our vtilite and proffet, to lift, raise, vptak and
3 C
386 PAPERS RELATING TO DOUNE CASTLE. [1528.
inbring all and syndry our malis, fermes, gressomes and dewiteis of the samyn
zerly and termly during our liftyme as said is, and gif neid beis to pvynd and
distringze tharefor as efferis ; firme and stable balding and for to hald all and
quhatsumeuir thing, oure said seruitour James Steward and capitane forsaid,
be him self and his substitutis and deputis forsaid, in oure name in the
premissis ledis to be done, in vsing of his officis of stewardry, capitanry, and
chavmerlanry abone expremit. In faith and witness of the quhilk thing, to
thir oure present lettres, subscruit witht oure hand and witht the hand of
oure said derrest spouse, in takyning of his consent to the samin, oure propre
sele is affixt, at Striuiling, the first day of September, the zere of God j m v c
tuenty and aucht zeris.
Margaret R
Henry, Lord Methwex.
100. Grant by Margaret, Queen of Scotland, and Henry, Lord Methven,
her Spouse, in favour of James Stewart, of the Captaincy of Doune
Castle, with the Stewartry, etc., of Menteith. — Stirling, 8th September
1528.
Be it kend till all men be thir present letteris, ws, Margarete, be the grace
of God, Qwene of Scotland, coniunct fear of the landis and lordschip of
Menteth, liand within the sherefdome of Perth, weill and ripelie avisit for
oure avn singular proffit and commoun weill, justice and polecy to be had
within our said lordschip, with express consent and assent of oure derrest
spous, Henry Lord Methven, to haue maid, constitute, and ordanit, and be
thir present lettres makkis, constitutis, and ordanis oure richt traist and
familiar seruitoure, James Stewart, bruther germane to oure said derrest spous,
our stewart of oure said lordschip of Menteth, and capitane of our castell of
1528.] DUTIES OF THE STEWARD OF MENTEITH. 387
Dovne, Hand within the boundis of the samyn, and als to haue gevin and
grantit, and be the tennour heirof gevis and grantis to him all and sindry
the landis vndenvrittin, in his fee, for vsing and exerceiug of the saidis
offices of stewartry and capitanry for all the dais and termes of oure liftyme,
quhilkis landis Willianie Ednionstoun, oure stevvart of Menteth and capitane
of Dovne for the tyme, had and broukit in his fe of befoir ; that is to say,
ten mark land of aid extent of Estir Frew, five mark land of aid extent of
Myddill Frew, five mark land of aid extent of Westir Argade, aucht pund,
sex schilling audit penny worth of land of aid extent of Drumcamse and
Ballikeroch, five pund land of aid extent of the Kerse of Cammys, with the
myll and cruvis of Dovne, and fischeing of the lowis and stankis of Lugnok,
Lochbanachar, and Gude, with all and sindry thair pertinentis, liand within
the lordschip and sherefdoine foirsaidis, the entere of the said James in and
to the saidis officis of stewartry of oure said lordschip of Menteth and
capitanry of oure said castell of Dovne, and to the foirnenimit landis and
fischeingis, with all thair pertinentis, to begin the day of the dait of thir
present lettres, and thaireftir to indure and peciablie to be broukit, joisit,
vsit, and exercit induring oure liftyme, siclike and als frelie in all and be all
thingis as ony vthiris capitanis or stewartis had and broukit the saidis officis
of befoir ; with power to the said James to mak deputis vnder him, con-
stabillis and keiparis of the said castell, and deputis in the said office of
stewartry [of] Menteth, ane or ma, sic as he thinkis expedient, and thame to
remoif, change, input and output, als oft as he plesis, for quham he salbe
haldin to ansuer, and with power to him and his deputis in the said office
of stewartry, ane or ma stewart courtis of the saidis landis and within the
boundis of the said office to set, begyn, afferme, hald and continew als oft as
neid beis, sutis to mak be callit, absentes to amerciat, trespassouris to pvnis,
vnlawis, amerciamentis, and eschetis of the saidis courtis to ask, lift, raise,
388
PAPERS RELATING TO DOUNE CASTLE.
[1528.
and for the samin, gif neid be, to poynd and distrenze, clerkis, seriandis,
dempstaris, and all vthiris officiaris and membris of court neidfull to the said
office and vsing thairof to mak, creat, substitute and ordand, for quhani he
sail inlikewise be haldin to ansuer ; and als we haue maid, constitute, and
ordanit, and be thir present lettres makkis, constitutis, and ordanis the said
James and his substitutis, quhilkis we gif him power to mak, and for quham
lie salbe haldin to ansuer, oure verray lauchfull and irreuocabill chalmerlanis
of all and sindry oure saidis landis and lordschip of Menteth, for all the dais
and termes of oure liftyme, gevand, grantand, and committand to oure saidis
chalmerlanis oure full, fre, and plane power, speciall mandment, express
bidding and charge, for ws and in oure name, the males, firmes, grassumes,
proffitis and dewiteis of oure saidis landis and lordschip, to gadder, ressaue,
ask, lift, raise and intromet, and the samin to ws to inbring, and gif neid be
to poynd and distrenze thairfor, and generalie all and sindry vthiris thingis to
do, exerce, and vse that to the office of stewartry, capitanry, and chalmerlanery
in sic caisis as is abone writtin of law or consuetude ar knawin to pertene.
For vsing and exerceing of the quhilkis offices of chalmerlanery we gif, grantis,
and assignis to the said James be the term oure of thir presentis, siclike feis and
dewiteis as Sir Thomas Zoungman, chapellane, now our chalmerlane of the said
lordschip, hes and gettis thairof; and als we gif, grantis, and assignis to the
said James all males, grassumes, and dewiteis of oure landis of the milltoun
of Dovne, quhilkis oure seruitrice Cristiane Eaa now hes and broukis of ws
for all the dais and termes of oure lifetyme, eftir the deces of the said Cristiane,
and the said James and his substitutis sail entir to the vsing and exerceing of
the said office of chalmerlanery of oure said lordschip the day of the dait of
thir presentis ; ferme and stabill haldand and for to hald all and quhatsum-
euir thingis the said James, be himself, his deputis, seruandis, constabulis,
and substitutis in the saidis officis of stewartry, capitanry, and chalmerlanery
1528.] AGREEMENT— EDMON STONE AND STEWART. 389
lauchfullie ledis to be done. In witness of the quhilk thing, to tliir present
lettres subscriuit with oure hand oure seill is to hungin, togidder with the seill
and subscriptioun of oure said derrest spous, in takin of his consent and assent
to the premissis, at Striueling, the aucht day of September, the zere of God
ane thowsand five hundreth and twenty aucht zeris, befoir thir witnes, Sir
Walter Stewart, Robert Kalendare of Manyre, James Dog, Sir Williame
Alexander, and Andro Stewart in Culrosschire, with vthiris diuerss.
Henky, Lord Methven.
101. Instrument of Agreement between James Stewart, Captain of Dovme
Castle, and William Edmonstone of Duntreath. — 23d September 1528.
In Dei nomine, amen. Per hoc presens publicum instrumentum cunctis
pateat euidenter et sit notum, quod anno Dominice Incarnacionis Millesimo
quingentesirno vigesimo octauo, mensis vero Septembris die vigesima tercia,
indiccione prima, pontificatus sanctissimi in Christo patris et domini nostri
domini dementis, diuina prouidencia Pape septimi, anno quinto, in serenis-
sime et illustrissime principisse ac domine Margarete, Dei gracia, Scocie
Regine meique notarii publici ac testium infrascriptorum presencia, personaliter
constituti honorabiles viri, Jacobus Steward, Capitaneus de Down in Menteith,
et WilleLmus Edmenstoun de Duntreth, post factam et finitam concordiam
inter prefatam serenissimam dominam Eeginam, ac nobilem et generosum
virum dominum Henricum Steward, dominum de Methvene, sue serenitatis
carissimum coniugem, ab vna, et predictum Willelmum Edmenstoun ab altera
390
PAPERS RELATING TO DOUNE CASTLE.
[152 8
partibus, communicantes et colloquentes pro perpetua amicitia inter ipsos
Jacobum Steward et Willelmum Edmenstoun habenda et tenenda; Idem
Jacobus palam exposuit quod ipse Jacobus quamdam literam assedacionis
certarum terrarum, quas idem Willelmus prius in assedacione habuit, infra
Senescallatum de Menteith jacentium, per predictam serenissimam dominam
Keginam sub sue serenitatis sigillo et subscriptione, necnon sub manuali
subscriptione prefati sui coniugis, pro toto tempore vite ipsius Jacobi, desuper
confectam, ac etiam vnam cartam concessionis et donacionis custodie castri de
Down, cum certis terris eidem pertinentibus et in huiusmodi carta specificatis,
vnacum officio Senescallatus de Menteith, per supremum dominum nostrum
regem modernum, cum expressis consensu et assensu prelibate serenissime
domine Kegine, sub magno sigillo regio, etiam pro toto tempore vite ipsius
Jacobi Steward donatam et concessam, habet et possidet, in quibus idem
Jacobus Steward beniuolenciam et ratihabicionem prefati Willelmi Edmen-
stoun, qui huiusmodi terras, cum custodia castri et officio Senescallatus
supraspecificatis, pro toto tempore vite sue prius habuit, instanter et amica-
biliter peciit. Quiquidam Willelmus Edmenstoun, ex deliberato animo ac
suo proprio moto, vt apparuit, assedacioues terrarum, vna cum custodia castri
de Down et officio Senescallatus de Menteith, in fauorem dicti Jacobi Steward,
vt prefertur, donatas et concessas, affirmauit dicendo se esse bene contentum
et placatum de eisdem. Vlterius idem Willelmus dictum Jacobum, tanquam
specialem sibi amicum, ad manus humaniter recepit, amiciciam et fidem sibi
Jacobo promittendo ; Viceuersa, ipse Jacobus dicto Willelmo legalitatem et
amiciciam similiter promisit pro viribus hincinde mutuo duraturas. Super
quibus omnibus et singulis prefatus Jacobus Steward, capitaneus antedictus,
a me notario publico subscripto, sibi fieri peciit vnum seu plura publicum vel
publica instrumentum aut instrumenta. Acta fuerunt hec infra predictum
castrum de Down, hora septima post merediem, vel eocirca, sub anno, die,
1529.] QUEEN MARGARETS SUMMONS TO EDMONSTONE. 391
mense, indictione et pontifieatu quibus supra, presentibus ibidem honorabilibus
et discretis viris, Domino Waltero Steward, elimosinario predicte Domine
Eegine, Domino Thoma Zoungman, vicario de Pett, Dimblanensis diocesis,
Johanne Edmenstoun, seniore, Bartholomeo Balfoure et Jacobo Dog, juniore,
testibus ad premissa vocatis pariterque rogatis.
Et ego Alexander Turing, artiurn magister Abirdonensis diocesis,
presbyter sacra apostolica auctoritate notarius publicus, etc. [in
forma communi\.
102. Precept by Margaret, Queen of Scotland, to summon William
Edmonstone of Duntreath, and other tenants, to her Bailie Court at
Edinburgh.— [Edinburgh], 12th March 1529.
Eegina.
Margaret, be the grace of God, [Quene] of Scotland, till our luffit Walter
Dog, our rnayr of fe within our lordschip of Menteth : Forsamekill as for
certen materis we hef ado presen[t]ly wythin our said lordschip, this precept
sein, ze sail pas til all paris kirkis wythin zour office and bowndis thairof,
and in our name and behalf, and in the name of our darrest spous, Henry
Lord of Methwen, and thair warin and charg all and sindry our tenentis,
fewaris, and all vtheris heffand landis of ws in assedacion, wythin all the
bowndis forsaid, till compeyr befor ws, our sp[o]ws or our balzeis, in our court
to be haldin in Edinburgh, in the Tolbwtht of the sammin, vpon Setterday,
the nynt day of Apryll nixt to cum ; and atour, ze sail pas to Williem
Edmeston of Duntreth, and personaly warin the said Williem, or at his
dwelling place within Mentethe, of Cammes Wallace, till compeyr befor ws
or our balzeis the said day and place, and this ze do be opin proclamation at
all the placis forsaidis, as ze will ansuer to ws thairvpon. Subscryuit wyth
392
PAPERS RELATING TO DOUNE CASTLE.
[1529.
our hand, togither wyth the suhscripcion of our darrest spowis forsaid, and
wnder our singnet the xii day of Merche, in the zeir of God m°v c xxix zeris. 1
Margaret E. Henry, Lord Methven.
103. Precept of Behoving, directed by Margaret, Queen of Scotland,
against William Edmonstone of Duntreath, and other tenants of her
lands of Menteith— Edinburgh, 12th March 1529.
Mekgret, Quene of Scotland, to oure louittis, Walter Dog, Androw Doin,
oure officiaris in that part, coniunctlie and seueralie, specialie constitute,
greting. We, with auise and consent of oure derrest spous, Henry, Lord of
Methven, chargis zow that incontinent this our precept sene, ze pas to the
landis and housis of the Miltoun of Cammus, the Bra of Cammus, the Ward
of Gudy, the Newtoun of Doun, Ballemorist, Cailzeboquhailze, Brokland,
Cultentogill, Brigend, Wester Dowar, Grodicht, Achinherd, and the mark
land of Glenman, liand in the lordschip of Menteth, within the sherefdome
of Perth, pertenyng till ws in coniunct fee, and thair warn William Edman-
stoun of Duntreth, and all vtheris intromettouris with our saidis landis or
ony part thairof, to remoif thame and thair gudis thairfra at the nixt term of
Witsonday, to be set, vsit, and disponit be ws, our chalmerlanis and factouris,
with certification and thai do in the contrare, thai salbe haldin and repute
violent possessouris, and to refound and pay till ws the profittis that we
mycht haue of the saidis landis and thai war occupyit with our awin gudis,
and this one na wyse ze laif one done, committand to zow, coniunctlie and
seueralie, our full power thairto. Gevin vnder our signet, and subscriuit
with our hand and with our said derrest spous, at Edinburgh, the xij day of
Marche, the zere of God j m v c and tuenty nyne zeris. 2
Margaret E. Henry, Lord Methuen.
1 Two executions are indorsed, dated 20th and summons made in terms of the precept,
and 21st March 1529, certifying proclamation 2 The Queen's signet is still impressed.
1530.] STEWART ACQUITTED BY THE LORDS OF COUNCIL. 393
104. Decree of the Lords of Council, acquitting James Stewart,
Captain of Doune, from the Summons raised against him by William
Edmonstone of Duntreath. — Perth, 6th December 1530. [Extract.]
At Perth, the yj day of December, the zere of G-od j m v c and xxx zeris, the
Lordis of Consale vnderwrittin, that is to say, ane maist reuerend and reuerend
faderis in God, Gawyne Archibischop of Glasgw, Chancelar, Gawyne Bischop
of Abirdene, Alexander Bischop of Murray, James Bischop of Boss, noble
and mychtie Lordis, Williame Erie of Monthros, venerable faderis in God,
Jhone Abbot of Jedburgh, Jhone Priour of Pettynwerne, Patrik Lord Gray,
Jhone Lord Forbes, Laurence Lord Oliphant, Alexander Lord Levingstoun,
Williame Lord Buthven, and Maister Eichert Bothuile, Channoun of Glasgw,
anent the summondis rasit at the instance of William Edmonstoun of
Duntreith and James Edmonstoun, aganis James Steuart, capitane of Doune,
and Bartilmo Balfour, for the wrangous, violent, and maisterfull spoliacioun,
be thaim self, thair seruandis and complicis, in thair names, of thair causing,
command, assistence and ratihabicioun, away takin and withhalding fra the
saidis William Edmonstoun and James Edmonstoun, in the nioneth of
Merche last bipast, of thir gudis pertening to thaim as thair awn propir
gudis, and than being in thare possessioun, apon the landis vnderwrittin,
that is to say, fra the saidis William Edmonstoun, out of the landis of
Myltoun of Cammis of ij chaldir of aitis, and furth of the landis of Neutoun
of Dovne xxiiij bollis of aitis, price of the boll with the fodir, x s. ; and
fra the said James Edmonstoun furth of the landis of the Bray of Cammis
Indorsed on the Precept are three executions 1529, they had passed to various places, and
by the messengers above designed, certifying warned the tenants in terms of the precept,
that on the 3d, 5th, and 6th days of April
3 D
394 PAPERS RELATING TO DOUXE CASTLE. [1530.
of thre chalderis of aitis, price forsaid, as at mair lenth is contenit in the
said summondis ; the saidis James Steuart and William Edmonstoun beand
personaly present, and the saidis James Edmonstoun comperand be the
said William, and the said Bartilmo be Henry Lord Methven thair procura-
touris, the Lordis of Couusale assolzeis the saidis James Steuart and Bartilmo
Balfour fra the peticioun of the saidis William Edmonstoun and James
Edmonstoun, and fra the said summondis as it is now libellit, and decernis
them quyte thairof in tyme to cum, and lettrez to be direct heirapon.
Extractum de libro actorum per me dominum Alexandrum Scott, deputatum
reuerendi in Christo patris et domini Gavini episcopi Abirdonensis, clerici
rotulorum registri ac consilii supremi Domini nostri Regis, sub meis signo
et subscriptione manualibus.
Alexander Scott.
105. Agreement between James Stewart, Captain of Doune, etc., and
William Edmonstone of Duntreath, settling the matters in dispute
betwixt them, of date 9th November 1531. — [Extract dated Edinburgh,
1st February 1531.]
At Edinburgh, the first day of Eebruar, the zeir of God j m v c xxxj zeris, in
presens of the Lordis of Consell vndirwrittin, that is to say, ane maist
reuerand father in God, Gawane Archebishope of Glasgw, Chancelar, ane
noble and mychty lord, Johne Erie of Leuenox, ane venerable father in God,
James Abbot of Dryburgh, Bobert Lord Levingstoun, Henry Lord Methven,
Audro Lord Avandaill, Maister George Lokhart, Brovest of Crechtonn,
comperit James Stewart, Stewart of Menteitht, on that ane part, and William
Edmestoun of Duntretht on that vther part, and gaif in this appointment
1531.] THE KEEPER AND EX-KEEPER OF DOUNE CASTLE. 395
vndirwrittin, subscriuit with thair liandis, and desirit the sam to be registrat
in the bukis of Consell, and to liaif the strenth and effect of the Lordis decrete ;
the quhilk desire the said Lordis thocht ressonable, and thairfor ordanis the sam
to he insart in the bukis of Consell, and to haif the strenth and effect of tbair
decrete in tyme to cum, and ordanis lettres be direct to command and charge,
compell and distrenze bayth the saidis parteis, for the fulfilling thairof in all
pointtis as efferis, of the quhilk the tenour followis : — At Edinburgh, the x
day of Nouember, the zere of God j m v c xxxj zeris, it is appointit and
concordit betuix honerable men, that is to say, James Stewart of Menteitht,
on that ane part, and William Edmenstoun of Duntretht, on that vther part,
in maner, forme, and effect as efter followis ; that is to say, for eschewing of
pley, cost, and expenssis of baytht the saidis parteis anent the clame and
rycht of the Stewartry of Menteitht and captaneschip of Dovne in Menteitht,
clamit be the said James to pertene to hym heretablie in fewferme, and
clamit be the said William to pertene to hym be ressoun of gift, tak, and asse-
datioun induring the liftyme of our souerane lady the Quenis hienes, and for
amite and kyndnes to be had amangis the saidis parteis in tyme to cum, it is
finale aggreit betuix the saidis parteis of thair fre motive willis, oncompellit or
coactit, that the said James Stewart sail, betuix the dait herof and the feist of
the Natiuite, callit Zuile, nixt therefter followand, resigne in our souerane
lordis the Kingis handis thir landis vnderwrittin ; that is to say, all and haile
the five pundis worth of land of the Bray of Cambus, the five Kb. worth of
land of the Mylton of Cambus, with the mylne of the samin, the tane half of
the landis of Brokland Estir, extending to five merkis wortht of land
quhilk Ewin Mackvaa now occupiis, four merkis wortht of land callit Balle-
morist, fourty shillingis wortht of land of Calzeboquhalze, the xl s. wortht of
land of the Ward of Gudy, extending in the haile to xx u pundis worth
of land of aid extent, with ther pertinentis, Hand within the stewartre
396 PAPERS RELATING TO DOUNE CASTLE. [1531.
of Meriteitht and sherefdome of Perth, in fauouris of the said William
Edrnestoun of Duntretht, his airs and assignayis, and sail optene and get
to the said William ane signatour apoun the donatioun and gift of the
foirnamyt landis, to be gevin to him, his airs and assignayis, heretablie in
fewferme, with the consent of our souerane lady the Quenis grace, life-
rentar of the saidis landis, in the best forme the said William can dewise,
be men of vndirstanding, sic ovircom expenssis to be maid be the said
William therapone. For the quhilk resignacioun and infeftment to be to the
said William, his airis and assignais, in the foirnemmit xx lib. wortht of lande,
the said William sail renunce, quietclarue, discharge, and ourgeve, for him,
his airis and assignais, to the said James Stewart, his airis and assignais, all
rycht, clame, titill of rycht, properte and possessioun and kindnes quhilk he
or thai hes, had, or may haif in and to the Stewartre of Menteyth, captane-
schip of the castell of the sam, and thir landis vnderwrittin pertening
thairto ; that is to say, the Castell of Dovne in Menteytht, the manis of the
samyn callit Drumcampse and Calkerauche, the Kers of Cammis, the New-
toun of Dovne, the Wester Argade, the x li. land of Frewis, the landis of
Cultintogill, the Wester Brig and the landis of Grodeth, Dowart, Auchinhard,
and the merkland of Glenmany, with the myll of Dovne, the crwis and
iisching thairof, and keping of the forests and all vther landis, outsettis,
stedis, proffittis quhatsumevir, als wele nocht nenimyt as nemmit, except
the said tuenty pund land abone expremit, incontinent efter the said William
obtene the said signatour apoun the said resignacioun befor the Lordis of
Consell, and als sail caus Archibald Edmeston his brother in lik maner
renunce his rycht, kindnes, and clame for him, his airis and assignais, of the
samin befoir the Lordis of Consell, at the samin tyme as is abone expremyt ;
and the said William and Archibald sail neuer mak persute nor clame
thairto, nor molest, inquiet, nor tribill the said James, his airis, assignais,
1531.] EDMONSTOXE TO ASSIST JAMES STEWART. 397
subtenentis, nor factouris in the peceable broukin of the said stewartre,
captaneschip, and landis pertaining thairto, except before expremit exceptit :
Alsua it is apontit that the said William, with his kin, freindis, allia, men,
tenentes, and seruandis, sail tak ane vprycht plane part with Henry, Lord
Methven, the said James his brother, in all and syndry thair actiouns, caussis,
querelles, lefull and honest, movit or to be movit, aganis quhatsuinevir
persone or personis, his allegance to our souerane lord the King, our lady the
Quenis grace, and his ourlord alanerlie exceptit; and in lik maner the said
James sail caus the said lord his brouder and himself, with thair kyn, freindis,
allia, tenentis, and seruandis, to tak ane vprycht plane part with the said
William in all and syndry his actions, causis, and querellis, lefull and
honest, movit or to be movit, aganis quhatsumeuer person or personis, thair
allegians to our souerane lord the Quenis grace alanerlie exceptit. And attour,
the said William, with his freindis, allia, tennentes, sail pas with the said lord
and James, and remane with thaim, or ony ane of thame, in tyme of were,
thai doand to the said William siklik as vther frendis will do to hym
thairfor ; and mairatour, the said James, his airis, assign ais, factouris, nor
seruandis, sail mak na impediment, stop, nor distrubulans to the said William,
his airis, assignais, factouris, nor tennentes, in the peceable brukin and occupi-
ing of the said xx H. land, nor clame no maner of rycht nor titill thairto be na
maner of way in tyme cuming : And als the said James sail optene and get
of our said souerane lady the Quenis hienes and Henry, Lord Methven, hir
spous, ane letter of qnietclame and discharge vnder thair hande writtis, dis-
chargeand the said William Edmestoun, his airis, executouris, and assignais,
pleges, and souertes of all sovmes of money, femes, males, profnttis, dewites,
gersums, mertis siluir, that hir hienes may ask or clame at him or thaim be
ony maner of way before the dait herof, be ressoun of contractis, bandis, actis,
decretis, souerte, or ony maner of way quhatsumevir, and in the best and
398 PAPERS RELATING TO DOVNE CASTLE. [1531.
sickerest forme can be devisit, and this acquittance to be deliuerit to the
> said William at the ourgevin and renunciacioun of his rycht of the preniissis.
Item, the said William Edmestonn, at the request of the said James Stewart
sail geif his letter of quietclame and discharge to Patrik Stewart in Glen-
bukky, of all gudis and sovmes of money that he lies recouerit apoun him befor
the Lordis of our souerane lordis Consell, the said Patrik gevand to the said
William, James Edmestoun his cvsing, and thair parttakaris, ane letter of
quietclame and discharge of all gudis quhatsumevir takin by thaim fra him
befor the dait of thir presentis, and gif the said William or ony otheris that
he may latt invadis the said James Stewart in his persoun, his kyn, freindis,
and seruandis, and molestis thaim in broukin the forsaid stewartre and
captanere, and landis pertenand thairto, except the said xx B. land, than in
that caise the said William faythfullie bindis and oblissis him to resigne and
ourgeve the saidis landis agane in the handis of our said souerane lord in
fauour cf the said James Stewart, for his heretable infeftment to be had
thairintill, the fault beand notourlie knawin be the law ; and in like maner
the said James faythfullie bindis and oblissis him nocht [to] invaid the said
William in his persoun, kyn, freindis, nor seruandis, nor molest thaim in the
broukin the said xx H. land be na maner of way in tyme to cum. And als ilk
ane of the saidis parteis sail releif otheris, at the handis of quhatsumeuer
thair tennentes and freindis that lies sustenit ony dampnage throucht the
persute and materis of deid betuix thaim, throw thair causing, assestans or
ratihabitioun in ony maner of way befor the dait herof, and that the said
William hes maid na assignais to haue entres anent the preniissis be ony
maner of way, except his rycht now maid to the said James, quhilkis he sail
warand : And quhilkis of the forsaid parteis that failzeis heirintill sail con-
tent and pay to the party abidand heirat and fulfilland the samin, the sovnie
of tua thowsand pundis Scottis in the burgh of Edinburgh, within xx dayis
1531.] RATIFICATION BY THE KEEPERS. 399
nixt efter the brek of this contract and appointment, or ony pointt or part
thairof, contrare the tennour and effect abonewrittin be maid knawin, but ony
langar delay, cauillatioun, frauds, or gyle : And to the observing, keping, and
fulfilling of this present contract and appointment, and euery point and part
thairof, lelely and trewlie to be obseruit and fulfillit in maner as said is,
athir party ar bundin, oblist, and suorne, ilkane to otheris, be the faithtis
and trewthis in thare bodeis, the Euans;elis tuichit, and sail consent that the
samin be registerit in the bukis of our souerane lordis Counsell, havand the
strentht of ane decrete and act thairof, with lettres executorialis to be
decernit thair apone but mair proces, and this contract to be extendit with
all clausis necessar concernyng the premissis, as men of law and vnderstand-
iny; can devise anent the sicker infeftment to be maid to the said William,
his airis and assignais, in the said xx H. land, and renunciatioun of his
rycht and clame to the said stewartre, captaneschip, and landis pertenand
thairto, as said is, to the said James Stewart. In witnes herof, baytht
the saidis parteis lies subscriuit this contract with thair handis, at day,
zeir, and place forsaid, before thir witnes, Maister Johne Dingwall, proth-
notar apostolik, provest of the Trinite Collage beside Edinburgh ; William
Scot, sone and apperand air to William Scott of Balwery, knycht; Sir
Thomas Zongman, Maister James Fogo, Andro Edmestoun, Sir Thomas
Eannaldston, Johne Stewart, Johne Maknell, Maister William Meldrum,
and Alexander Maknell, publice notaris, with vtheris diuers. Extracturn de
libro actorum per me Gavinum episcopum Abirdonensem, clericum rotuloium
registri ac consilii supremi domini nostri Regis, sub meis signo et subscrip-
tione manualibus. 1
Gavinus Dunbar.
1 A Memorandum appended to the original Extract states that the date of William
Edmonstoiie's sasine was 8th February 1531.
400 PAPERS RELATING TO DOVNE CASTLE. [1531.
106. Consent to the foregoing Agreement by Archibald Edmonstone,
brother of William Edmonstone of Duntreath. — Edinburgh, 9 th
February 1531. [Extract. ]
At Edinburgh, the nynt day of Februar, the zeir of God j m [v c ] xxxj zeiris,
in presens of the Lordis of Counsale vnderwrittin, that is to say, ane maist
reuerend and reuerend faderis in God, Gawyne Archebischop of Glasgw,
Chancelar, George Bischop of Dunkeld, Henrie Bischop of Galloway, James
Bischop of Bos, venerable faderis in God, Bobert Abbot of Kynlos, Alexauder
Abbot of Cambuskynneth, Walter Lord Sanct Jhonis, Schirs Thomas Erskyne
of Haltoun, William Scott of Balwerie, knychtis, Schir Johne Dingwell,
Provest of the Trinite College, Maister Bechert Bothuile, persoun of Askirk,
Maister Henrie Quhit, dene of Breichin, Maister Adam Ottirburn of Auldhame,
Thomas Scott of Petgorno, Maister James Lawsoun, and Maister Francis
Boithuile, burgessis of Edinburgh, comperit Archibald Edmestoun, brothir
to Williame Edmestoun of Duntreyth, and thair, according to the band,
appunctuament, and finale aggreance made betuix the said Williame and
James Stewart, capitane of Dovne, and to all the punctis and articulis con-
tenit thairin, lies realie gevin our all rychtis and kyndnes that he hes or had
to the office of stewartrie, capitaneschip, landis, takkis, stedingis contenit in the
said contract and appunctuament, in fauour of the said James, to be broikit
be him in tyme cuming, efter the forme of the said decret ; apone the
quhilk the said James Stewart askit instrumentis. Extractum de libro
actorum per me Magistrum Jacobum Makgill de Nethir Bankelour, clericum
rotulorum registri et consilii supremi domini nostri Begis, et regine, sub meis
signo et subscriptione manualibus.
Jacobus Makgill.
1564.] COMMISSION- FOR PURSUIT OF THE CLAN GREGOR. 401
107. Commission by Archibald, fifth Earl of Argyll, to John Graham,
fourth Earl of Menteith, and James Stewart, Steward of Menteith,
as his Deputies in the earldom and lordship of Menteith, for the
pursuit of the Clangregor, etc. — 26th March 1564.
Be it kend till all men be thir present lettres, ws, Archibald, Erie of Ergill,
Lord Campbell in Lome, etc., havand full commissioun and power of oure
souerane lady to conuocat and assemble hir Gracis leigis duelland within the
boundis of the sherefdomes of Ergill. Torbart, Dumbartane, but the stewartrie,
erldome, and haill cuntrie of Menteyth. the landis and cuntries of Breidalben,
Bouchquhidder, and samekle of the sherefdorne of Striueliug as lyis be west
Buchquhin, or ony part of the saidis cuntries, sa oft and that quhatsumever
place or places as we sail think expedient, for sercheng, taking, and appre-
hending of the Clengregour rebellis and malefaetouris, quhairever thai can
be appreheudit within the boundis foirsaidis, or forthir as occatioun sail occur,
as at mair lenth is contenit in oure souerane ladyis commissioun grantit to
ws thairvpoun, of the dait, at Perth, the xviij day of Merche, the zeir of God
j m v°lxiii zeiris, to haue maid, constitute, and ordanit, and be the tennour
heirof makis, constitutis, and ordanis oure weilbelouittis counsing and
brothir, Johne, Erie of Menteyth, and James, Commendatare of Sanct Come,
Stewart of Menteyth, oure deputis in that part, coniunctlie and seueralie,
gevand, grantand, and committand to oure saidis deputis and ilk ane of
thame, coniunctlie and seueralie, our full power to direct chargis and com-
mandimentis to the inhabitaris of the stewartrie, erldome, and haill cuntrie
of Menteyth, als wele of landis partening to the Lairdis of Glennegyis,
Merchistoun, and vtheris within the boundis thairof annexit to the sheref-
domes of Dumbartane or Perth, and of Bouchquhidder, or ony part within
the saidis cuntries, to quhatsumevir parsone or parsonis the saidis landis
3 E
402
PAPERS RELATING TO DOUNE CASTLE.
[1564.
partenis, to convene the inhabitaris thairof sa oft and that quhatsumever
places as thai sail think expedient, for sercheng of the Clengregour and
thair resistaris, rebellis and malefactouris, quhairever thai may be appre-
hendit within the boundis foirsaidis, and forthir as occatioun shall occur, to
be brocht to the Justice or his deputis to be punist for thair demeritis, and
falzeing thairof, to parsew thame vntill thai be expellit furtht of the saidis
boundis ; and in caise thai or ony of thame recist or pas to strenthis and
keip the samin, that oure saidis deputis and thair cumpanyis raise fyre and
vse all kynd of hostilitie aganis the saidis rebellis, for thair apprehending,
Quhairfore we command and charge all and sindrie our souerane ladyis
leigis, on hir Gracis name and ouris, duelland within the boundis foirsaidis,
to reddelie ansuer, attend, and obey to oure saidis deputis in that part, to pas
foirdwart with thame or ony of thame, for sercheng and apprehending of the
saidis rebellis, thair assistaris and resettaris, and to vse thair directioun as sail
be thocht maist conuenient to the effect foirsaid : Certefiing the parsonis
sua to be warnit be oure saidis deputis, or thame havand thair poweris
within the boundis foirsaidis, and nocht passand fordwart to the freyis, or
quhan the saidis rebellis resortis within thair saidis boundis, and schawis
nocht thair reddy seruice and exact deligence in thair behalfis to the conten-
tatioun of oure saidis deputis or ony of thame, at thai sail be reput and haldin
as plane parttakaris and assistaris with the saidis rebellis in thair rebellioun,
and salbe callit and parsewit thairfore at particulare diettis, and punist for
the samin, conforme to the lawis of this realme. And forthir gevis all
power to oure saidis deputis, or ony of thame, to the effect abonewrittin, als
frelie as we haue of oure souerane lady in all poyntis. Be thir presentis,
subscriuit with oure hand, oure signet is affixit, at Striueling, the xxyj day of
Merche, the zeir of God j m v c lxiiij zeiris.
A. E. Ergill.
1567.] REMISSION BY QUEEN MARY TO SIR JAMES STEWART. 403
108. Discharge by Mary, Queen of Scots, to James Stewart, Steward of
Menteith, of the rents of certain of the lands of the Stewartry, and of
the overdue thirds of the benefice of St. Colme. — 9th April 1567.
Begin a.
Ws, in part of recompensatioun of the expensis maid be our louit familiare
seruitour, James Stewart of Downe, knycht, our Steward of Menteyth, in our
seruice and particulare effairis within the partis of France, and als in reperrel"
ling of our castell of Down in Menteyth and the necessaris thairof, to haue
gevin, grantit, assignit, and disponit, and be the tennour heirof gevis, grantis,
assignis, and disponis to the said James the few mailis and fermes of the
landis of Coldochis, Kep, Ardfinlay, miln and miln landis of Cessintully
pertening to Paule Dog, the few mailis of Dewchray, the sex mark land of Mac-
corenstoun, the sex mark land of Boghall, the tua mark laud of Maccreistoun,
the twa mark land of Westerbrigend, the sax mark land of Achinhard, the
foure mark land of Portnellen, Dulater, and Terndown, pertening to the Lard
of Burley, with thair pertenentis, all lyand within our lordschip of Menteyth
and Stewartrie thairof, pertening to ws as ane part of the patrimony of our
crowne, of the termes and zeiris of God j m v c lx, lxj, lxij, lxiij, lxiiij, Ixv, lxvj,
and of the Witsounday terrne in the lxvij zeiris, and remittis, dischargis, and
renuncis to the said James, and all actioun and cause that we or our succes-
souris hes, had, or ony wyse may haue, ask, clame, or intent be ws, oure
aduocatis or comptrollaris in oure name, aganis him, his airis or assignais,
thairfore in ony tymes cuming, and all comptis and payment to be maid be
him, his airis or assignais thairof to ws, oure successoris or comptrollaris, and
chalmerlanis in oure name, in ony tymes cuming, and also dischargis oure
saidis comptrollaris, aduocatis, chalmerlanis, and vtheris oure officiaris quhat-
sumever of all asking, craving, poynding, and distrenzeing of the said James,
404
PAPERS RELATING TO BOUNE CASTLE.
[1567.
his airis or assignais, his or thair gudis and geir, for the saidis few mailis and
fermes of the landis and miln foirsaidis, of the zeiris and termes abone specifyit,
dischargeing thame thairof and of thair offices in that part for euer. And als
we command and chargis the auditouris of oure chekker and of the said James
comptis, to defalk and allow to him the saidis few mailis and fermes of the
landis foirsaidis in his comptis, this our writting being producit and registrat
as efferis for the said James werrand and discharge. And attour, we be thir
presentis remittis, dischergis, and forgevis to the said James the thrid of his
benifice of Sanctcolmis Inche of all zeiris and termes bigane restand vnpayit
befoir the day of the dait heirof, and siclyke of all zeiris and termes to cum
during oure will, and ay and quhill we revoik and discharge the samin in
speciale. Be thir presentis, subscriuit be ws at Edinburgh, the ix day of
April, the zeir of God I m v c lxvij zeiris, and of oure regne the xxv zeir.
Marie E.
109. Missive Letter by King James the Sixth and John, Earl of Mar,
Eegent, to warn James Stewart, Captain of Doune Castle, to produce
Duncan Makalester before the Eegent and Privy Council, under pain
of rebellion. — 25th December 1571.
James, be the grace of God, King of Scottis, to oure louittis
messingeris, oure Shereffis in that part, coniunctlie
and seueralie, specialie constitute, greting. Oure will is, and for certane
ressonable caussis and considerationis moving ws and oure richt traist
cousing, Johnne, Erie of Mar, Lord Erskin, Eegent to ws, oure realme and
liegis, and we charge zow straitlie, and commandis, that incontinent thir
oure lettres sene, ze pas, and in oure name and auctoritie command and
charge Sir James Stewart of Down, knycht, our Stewart of Menteith, to
1571-2.] SIR WALTER SCOTT OF BRANXHOLME IN WARD. 405
enter and present Duncan Makalestir, takin and in the handes of oure said
Stewart, for recent murther and vtheris odious crymes committit be him,
befoir oure said Eegent and Loidis of oure Secreit Counsale at Striuiling, or
quhair it sal happin thame to be for the tyme, vpoun the secund day nixt
efter oure said Stewart be chargeit be zow thairto, to the effect that the said
Duncane may be examinat, and inquirit vpoun certane poyntis tending to the
commoun weill and obedience of oure realme, and gif oure said Stewart
failzeis thairin, the said secund day being bipast, that ze incontinent thairefter
denunce him oure rebell, and put him to oure home, and eschaet and inbring
all his movable guidis to oure vse for his contemptioun, as ze will ansuer to
ws thairupoun. The quhilk to do we commit to zow coniunctlie and seueralie
oure full power be thir our lettres, deliuering thame be zow dewlie execute
and indorsate agane to the berair. Gevin vnder oure signet, and subscriuit
be oure said cousing and Eegent, at Striuiling, the xxv day of December, and
of oure reign the fift zeir, 1571.
Jhon, Eegent.
110. Waeeant by King James the Sixth and John, Earl of Mar, Eegent,
to James Stewart, Captain of Doune Castle, for committing to ward
Sir Walter Scott of Branxholme.— 26th February 1571-2.
Eex.
Capitaine, constable, and kepars of our castell of Doun in Menteith, we greit
zow weill. It is our will, and with auise and consent of our richt traist
cousing, Johnne, Erie of Mar, Loid Erskin, Eegent to ws, our realme and
liegis, we charge zow that incontinent efter the sicht heirof ze resaue in ward
within our said castell Sir Walter Scott of Branxhelme, knycht, thair to
remane vpoun his awin expensis ay and quhill he be fred and relevit be ws
406
PAPERS RELATING TO BOVNE CASTLE.
[1571.
and our said regent in our name, as ze will ansuer to ws thairupoun, kepand
thir presentis for zour warrand. Subscriuit be our said cousing and Regent,
at Leyth, the xxvj day of Februar, and of our reign the fyft zeir, 1571.
Jhon, Regent.
111. Warrant by King James the Sixth and John, Earl of Mar, Regent,
to James Stewart, Captain of Doune Castle, dispensing with the
warding of Sir Walter Scott of Branxholme in the Castle, and com-
mitting him to Rossyth Castle. — 3d March 1571.
Rex.
We, be the tennour heirof, with auise and consent of our richt traist cousing,
Johnne, Erie of Mar, Lord Erskin, Regent to ws, our realme and Regis,
dispensis with the ward appointed to Sir Walter Scott of Branxhelme,
knycht, to enter within our castell of Doun in Menteith, betuix and this
present thrid day of Marche, transferrand his said ward to be within the castell
and fortalice of Rossyth, within the quhilk we will him to enter betuix and
the fyft day of Marche instant at nycht, admittand his remaning within the
said castell and fortalice of Rossythe als lauchfull in all respectis as gif the
said Sir Walter had enterit within the space before appointit in our said
castell of Doun in Menteith ; prouiding alwayes that his souirteis stand
oblist for him as afoir for his entering and not eschaping, and that this our
dispensatioun on na wyse preiuge the band and obligatioun of his saidis
cautionaris, bot the samyn to stand in effect as of before. Geven vnder our
signet, and subscriuit be our said cousing and Regent, at Leith, the thrid day
of Marche, and of our reign the fyft zeir, 1571.
Jhon, Regent.
1572.] JAMES KINCAID, ELDER, LIBERATED. 407
112. Warrant by John, Earl of Mar, Eegent, to the Captain of Doune
Castle, to liberate James Kincaid, elder of that Ilk, warded in the
Castle.— 1571.
Capitane, constable, and keiparis of the castell of Dovne in Menteith, ze
sail incontinent eftir the sicht heirof releif, freith, and put to libertie our louit
James Kincaid, elder of that Ilk, furth of the said castell, quhairin he is
detenit at our command captiue be zow, to pas in ony part of this realme at
his plesour ; takand alwais sufficient cautioun and souertie of him for his
entre agane to zow the said Capitane, vpoun fyftene dayis warning, ze being
chargit be ws to that effect, keipand thir presentis for zour warrand. Sub-
scriuit with our hand at the day of 1571.
Jhon, Eegent.
113. Warrant by King James the Sixth to the Captain of Doune Castle,
to liberate Sir Walter Scott of Branxholm. — Stirling, 7th July 1572.
Eex.
Capitaine, constable, and keparis of our castell of Doun in Menteyth, it is our
will, and we command zow, with auise and consent of our richt traist cousing,
Johnne, Erie of Mar, Lord Erskine, Eegent to ws, our realme and liegis, that
incontinent efter the sicht heirof, ze lett to libertie and fredome furth of our
said castell Schir Walter Scott of Branxhelme, knycht, and suffer him depart
hame at his plesour ; as alsua ressaue agane the said Schir Walter within the
said castell, quhen he sail offer himself thairto, as ze will ansuer to ws thair-
npoun, kepand this write for zour warrand. Subscriuit be our said cousin"
and Eegent, at Striueling, the vij day of July, and of our reign the fyft zeir,
1572. T
Jhon, Eegent.
408
PAPERS RELATING TO DOUNE CASTLE.
[1574.
114. Letters by King James the Sixth to the Stewart of Menteith, to
compel the tenants of the lordship to carry slates from the Hewch in
Menteith to Stirling Castle, for making the same water-tight, etc. —
Dalkeith, 24th July 1574.
James, be the grace of God, King of Scottis, to oure Stewart of Menteith
and his deputies, greting : Forsamekle as our richt traist cousing, James, Erll
of Mortoun, Lord of Dalkeith, Eegent to ws, oure realme and liegis, directit
to zow his effectuus missiue lettrez to caus our tennentis within oure
Stewartrie of Menteith transport sum skailze fra the Hewch in Menteith to
our castell of Striueling, for beating and making of the same watterticht,
according to the quhilk, albeit ze haue chargeit oure saidis tennentis, zit as we
ar informit thay haue contempnandHe dissobeyit, to the great hinder and stay
of the beating of our said castell, quhair oure awin person n remanis, and evill
exemple of vtheris to commit the like attemptat heirefter : Our will is heir-
fore, and we charge zow straitlie and commandis that, incontinent thir oure
lettrez sene, ze caus and compell all and sindrie our tenentis within oure said
Stewartrie of Menteith, ilkane for thair awin partes, according to the quantitie
of our landis possessit and occupiit be thame, according to the stent row to
be maid be zow thairanent, to cary the said skailze fra the Hewch to oure
said castell of Striueling, within xlviij houris nixt efter they be chargeit be zow
thairto, vnder the pane of xx s. for ilk horse that beis absent or that trans-
portis not the full nowmer be zow appointit, and gif thay failze thairin, that
ze incontinent thairefter arreist, apprise, compell, poind, and distrinze the
reddiest guidis and geir of the persoun dissobeyand, to the avale and quantitie
of the said sowme of xx s. for ilk horse that beis absent, or that deliueris not
the skailze at the place and within the space be zow appointit ; and with the
1575.]
CHARGE TO TENANTS OF MENTEITH.
409
money sua to be vplifted be zow, we will zow to fee vtheris horse, and
thairwith to caus transport the said skailze, sa as thair be na delay nor inlaik
thairin, as ze will ansuer vpoun zour obedience at zoure vttermaist charge and
perrell ; the quhilk to do we commit to zow, coniunctlie and seueralie, our full
pouer be thir our lettrez, deliuering thame be zow dewly execute and indorsat
agane to the berar. Gevin vnder oure signet, and subscriuit be our said
cousing and Eegent, at Dalkeith, the xxiiij day of Julij, and of our reignne
the sevint zeir, 1574.
James, Eegent.
115. Missive by King James the Sixth to the Feuaes and Tenants of the
Lordship of Menteith, to withhold the rents, etc., until a Cham-
berlain was appointed. — 29th May 1575.
James, be the grace of God, King of Scottis, to our louittis, Thomas Wallace,
messinger, messingeris, oure Shereffis in that
pairt, coniunctlie and seueralie, speciale constitute, greting. Forsamekle as
it is vnderstand to ws and oure richt traist cousing, James, Erll of Mortoun,
Lord of Dalkeith, Eegent to ws, oure realme and liegis, that the compt of oure
lordschip of Menteith, being a parte of the propirtie of oure croun, hes restit
and lyne ower vnmaid or enterit in the rollis of oure Chekker of a lang tyme
bigane, during the quhilk diuerse personis hes intromettit with and vptakin
the maist pairt of the mailles, fermes, and dewiteis of oure saidis landis and
lordschip, without any sufficient commissioun, makand na compt thairof, and
vther pairt hes still bene retenit in the handis of the tennentis and fewaris
of the ground, to the greit hurt and preiudice of ws and oure progenitouris ;
and now we, and oure said Eegent in oure name, being of will and mynd to
reduce and bring agane oure saidis landis and lordschip of Menteyth in vse
3 F
410
PAPERS RELATING TO DOUNE CASTLE.
[1575.
of payment, compt, and reknyng zeirlie, with the remanent of oure propirtie
in oure Chekker, hes thocht convenient that the mailles, fermes, and dewiteis
thairof salbe arreistit in the fewaris and tennentis handis, ay and quhill it
be sene and considerit quha and how mony clamis richt and enteres thairto,
or pouer of chalmerlanrie, or to ony pairt of the same, and that othir the
present commissionis and titillis being found valiable, be allowit and admittit,
or then new commissioun and directioun grantit to that effect. Oure will is
heirfore, and with auise of oure said cousing and Regent, we charge zow that
incontinent thir our lettres sene, ze pas, and in oure name and auctorite fense
and arreist all and sindry the mailles, fermes, profntis, and dewiteis of oure
saidis landis and lordschip of Menteyth, and vtheris land adiacent thairto,
and quhilk hes bene in vse to be intromettit and comptit thairwith in tyme
bigane, of the terme of Witsonday last bipast, in this instant zeir of God
jm v c thre scoir fiftene zeiris, and siclyk zeirlie and termelie in tyme cuming,
to remane vnder arreistment in the handis of the fewaris, tennentis, and
possessouris, vninttromettit with be ony persoun or personis, ay and quhill
the personis clamand ryclit to the saidis mailles, fermes, and dewteis, or power
of chalmerlanrie to the same or ony pairt thairof, present their titillis and
commissionis befoir ws and oure said Eegent, to be sene and considderit gif the
same be sufficient and allowable or not, to the effect that thairvpoun certane
ordour and directioun may be sett out, and gevin towart the vptaking of the
mailles, fermes, profntis, and dewiteis of the saidis landis and lordschip of the
said terme of Witsonday bipast and in tyme cuming, to oure maist proffite
and commoditie, and how the same salbe maid compt of zeirlie in oure
Chekker ; and that ze in oure name and auctoritie command and charge all
and sindry oure fewaris, tennentis, and possessoris of oure saidis landis, to retene
and keip thair saidis mailles, fermes, profntis, and dewiteis of the terme of
Witsonday foirsaid and in tyme cuming in thair awin handis, and on
1577.] JOHN LIVINGSTONE, JUNIOR OF DONYPACE, IN WARD. 411
nawyse deliuer the same to ony persoun or personis not having thair richt
and power allowit, or newlie grauntit be ws and ouve said Kegent, efter the
dait heirof, vnder the pane of payment of the same ouer agane : Certefeing
thame and thay do in the contrair, thay salbe compellit to mak double
payment thairof according to iustice, as ze will ansuer to ws thairvpoun.
The quhilk to do we commit to zow, coniunctlie and seueralie, oure full power
be thir oure lettres, deliuering thame be zow deulie execute and indorsate
agane to the beirare. Gevin vnder oure signet, and subscryuit be oure
said cousing and Eegent, at Halyrud Hous, the xxix day of May, and of oure
reignne the audit zeir, 15 75.
James, Eegent.
116. Warrant by King James the Sixth, for committing John Living-
stone, younger of Donypace, into ward within the Castle of Doune.
— Dalkeith, 21st December 157 7.
Rex.
Capitane, constabill, and keparis of the casteil of Downe in Menteith, it is
our will, and with auise of our rycht traist cousing, James, Erll of Mortoun,
Lord of Dalkeyth, Eegent to ws, our realme and lieges, we command zow that
incontiuent eftir the sicht heirof, ze ressaue Johnne Levingstoun, zoungar of
Donypace, in ward within our said casteil, and thairin keip him suirlie, vpoun
his awin expenss, ay and quhill he be relevit be ws and our said Eegent, as
ze will ansuer thairupoun, kepand thir presentis for zour warrand. Gevin
under our signet, and subscriuit be our said cousing and Eegent, at Hal yruid-
hous, the xxi day of December, and of our regnne the ellevint zeir, 15 77.
James, Eegent.
412
PAPERS RELATING TO DOUNE CASTLE.
[1578.
117. Order by King James the Sixth for the liberation of Archibald
Stewart, Provost of Edinburgh, from Doune Castle. — Stirling, 14th
August 1578.
Bex.
Capitane and kepares of oure castell of Downe in Menteith, we greit zow
weill. It is oure will, and we command zow that incontinent efter the
sicht heirof ze lett oure louit, Archebald Stewart, prouest of oure burgh
of Edinburgh, to libertie furth of oure said castell, and this present salbe
zoure warrand. Subscriuit with oure hand at oure castell of Striueling, the
fouretene day of August 1578.
1579.] WILL ELLIOT AND JOHN FORREST IN WARD. 413
118. Warrant by King James the Sixth to the Captain of Doune Castle,
to receive in ward Will Elliot, a Borderer. — Stirling, 25th April 1579.
Eex.
Capitane, constable, and keparis of oure castell of Doun in Menteyth, we
greit zow hertlie weill. Being moved with the mony and oft supplicationis
of our nobilitie, baronis, and gentlemen heirtofoir burdynnit with the keping
of the plegeis and brokin men retenit for the gude rule on the bordouris, we
haue at last concludit that sa mony as ar zit in handes salbe destributit and
kepit in our awin houssis, and in this distributioun we haue appointit thrie
for zow, to be kepit in that our castell of Doun in Menteith : Quhairfoir it is
our will, and we command zow that incontinent efter the sicht heirof ye
ressaue Will Ellott, sone to the eldare Tod, being ane of the saidis thrie, fra
Laurence Lord Oliphant, or sic as sail present him vnto zow in his name,
and keip him suirlie vpoun his awin expensis, ay and quhill he be fred and
relevit be ws, as ze will ansuer to ws thairupoun, kepand thir presentis for
zour warrand. Gevin vnder our signet, and subscryuit with our hand, at our
castell of Striuiling, the xxv day of Aprile, and of our reignne the twelft
zeir, 1579.
James K
Leuinax. C. E. Ergyll. A. Hay.
119. Warrant by King James the Sixth for committing John Forrest,
burgess of Linlithgow, to ward in the Castle of Doune. — Stirling,
24th August 1579.
Eex.
Capitane, constable, and kepars of our castell of Doun in Menteyth, we greit
zow weill. It is our will, and with auise of the Lordis of our Secrete
414 PAPERS RELATING TO DOUNE CASTLE. [1579.
Counsale, we charge zow that ze ressaue in ward within our said castell,
Johnne Forest, burges of Linlythgw, and keip him suirlie, vnsuffering ony to
haif speche or acces to him without speciall warrand or commissioun of ws,
and that vpoun his awin expensis, as ze will ansuer to ws thairupoun.
Subscriuit with our hand at our castell of Striueling, the xxiiij day of
August, and of our reign the xiij zeir, 1579.
James E.
Leuinax. A. Cambuskyneth.
120. Warrant by King James the Sixth for transferring John Elliot (a
Borderer) from Doune Castle to the Tolbooth of Edinburgh. — Holy-
roodhouse, 19th November 1579.
Eex.
Capitane, constabill, and keparis of our castell of Downe in Menteith, ze sail
incontinent eftir the sicht [heirof] present and deliuer Johnne Eliot, sone to
eldar Will, presentlie being in ward within our said castell, to the Prouest or
Bailries of our burgh of Edinburgh, to be kepit within thair tolbuith in tyme
cuming according to our vther lettre, quhilk ze sail alsua deliuer to thame
to that effect, as ze will ansuer to ws, kepand thir presentis for zour
warrand. Subscriuit with our hand at Haliruidhous, the xix day of
Nouember, the zeir of God j m v c lxxix zeris.
James E.
Montroiss. Bwchane.
121. Order by King James the Sixth to the Captain of Doune, to set Hob
Elliot, a Borderer, at liberty.— Holyroodhouse, 24th December 1579.
Eex.
Capitane, constabill, and keparis of our castell of Downe in Menteith, it is
oure will, and we command zow, that incontinent eftir the sicht heirof, ze put
1580.] THE FOREST OF GLENFIXLAS. 415
Hob Ellott, callit the vicaris Hob, to libertie and fredorne furth of oure said
castell, and suffer bim to pas quhair be plesis, as ze will ansuer tbairupoun,
kepand tbir presentis for zour warrand. Subscriuit with our band at
Haliruidhous, the xxiiij day of December, the zeir of God j m v c lxxix zeris.
James E.
C. E. Ergyll. E. Dunfermling.
1 22. Letters of Protection by King James the Sixth to the Deputes of
the Stewart of Menteith, in the forest of Glenfinlas, from oppres-
sion by persons near the forest. — Holyroodhouse, 22d September 1580.
James, be the grace of God, King of Scottis, to our louittis, Thomas Wallace,
messinger, messingeris, our Shereffis in that pairt, coniunctlie
and seueralie, specialie constitute, greting. Forsamekle as it becummis ws of
our auctorite royall to tak vpoun ws the protectioun, manteanance, and defence
of our baill subiectis, bot specialie of sic as (throw the owtrageous iniureis and
enormiteis of evill and wickit personis vsurping our auctoritie abone thame)
is not of babilitie of thame selfis to resist thair cruelteis, and being informit
that our louittis, Duncane Stewart, sone to blak Alexander Stewart in
Glenbukkie, and Johnne Dow M'Kewin, alias Johnne Galbraith, duelland
in the Eister Brigend of Down, foster deputis to our consing and counsalour
James Stewart of Down, knicht, of our forrest of Glenfynglas, ar daylie and
continewallie trublit and molestit, be the intollerable oppressionis of certane
personis, inbabitantis ewest our said forrest, and vthiris thair assisteris and
"pertakkeris in sic sort, that for feir of thair lyvis thay ar constraynit to
pasture grit nowmer of the saidis personis gudis within our said forrest, to the
destructioun of our deir and fuilzeing of the baill gers quhairon thai sulci be
sustenit, lyik as be plane violence thai ar bereft of thair baill gudis and geir,
416 PAPERS RELATING TO DOUNE CASTLE. [1580.
to thair grit hurt and scaith, and sua ar vnable to withstand the attemptatis
and iniurious interpryses of the saidis wickit personis. "We haif thairfoir
takin, and be thir our lettres takkis the saidis Duncane Stewart and Johnne
Gralbraith, and all and sindrie thair landis, levingis, rentis, possessionis, rowmes,
heritagis, takkis, stedingis, maillis, teyndis, mylnis, biggingis, fischeingis, cornis,
cattell, medowis, zairdis, orchardis, wyif, bairnis, kyn, freindis, men, tennentis,
and seruandis, and all and sindrie thair gudis, movable and vnmovable, quhat-
sumeuir, quhaireuir thai be within our realme, vnder our special protectioun,
supplie, nianteanance, saufgaird, and defence, to be vnhurt, vnharmit, vntroublit,
or ony wyis molestit, be quhatsumeuir persone or personis, within our realme.
Oure will is heirfore, and we charge zow straitlie, and commandis that
incontinent thir our lettres sene, ze pas to the mercat eroces of our burrowis of
Striueling and vthiris placeis neidfull, and thair, be oppin proclamatioun, in
our name and auctorite, mak publicatioun of the premissis, commanding and
chargeing all and sindry our liegis and subdittis that nane of thame tak
vpoun hand to do or attempt ony thing tending to the violatioun of thir our
lettres of protectioun, supplie, manteanance, and saufgaird, as thai and ilkane
of thame will ansuer to ws vpoun thair obedience at thair vttermest charge
and perrell, and vndir all hiest pane, cryme, charge, and offence that thai may
commit and inrin aganis our Majestie in that behalf, as ze will ansuer to ws
thairvpoun. The quhilk to do we commit to zow, coniunctlie and seueralie,
our full power be thir our lettres, deliuering thame be zow deulie execute and
indorsate agane to the berer. Gevin vnder our signet, and subscriuit with
our hand, at our Palice of Halyrudehous, the xxij day of September, and of
oure regnne the xiiij zeir, 1580.
James E.
Anguss. C. E. Ergyll.
1580.] LAURENCE, LORD OLIPHANT, WARDED IN DOUNE. 417
123. Warrant by King James the Sixth committing Laurence, Lord
Oliphant, to ward in the Castle of Doune. — Holyroodhouse, 6th
December 1580.
Eex.
Capitane, constabill, and keparis of our castell of Downe in Menteith, it is
oure will, and we command zow that incontinent eftir the sicht heirof ze
ressaue in ward within our said castell, Laurence, Lord Oliphant, thairin to
remane, and ane myle about the samyn, vpoun his awin expensis, ay and
quhill he be fred be ws with auise of oure Counsale, as ze will ansuer to ws
thairupoun, kepand thir presentis for zour warrand. Subscriuit with our
hand at Haliruidhous, the sext day of December, the zeir of God j m v c four
scoir zeris.
Lenox.
Robert Stewart.
3 G
418
PAPERS RELATING TO DOUNE CASTLE.
[1580.
124. Letters by King James the Sixth discharging Malcolm Beg M°Farlane
from keeping of the Forest of Glenfinlas. — Holyroodhouse, 7th
December 1580.
James, be the grace of God, King of Scottis, to our louittis Thomas Wallace,,
messinger messingeris, our Schirems in that pairt, coniunctlie and
seueralie, speciallie constitute, greting : Forsamekill as it is vnderstand to ws
and the Lordis of our Secreite Counsall that laitlie, vpoun the day of
November last bypast, Malcum beg M c Farlan in Lettir, vpoun sinister and
wrang informatioun maid to ws, privilie obtenit our vther letter, subscrywit
with our hand without the advise, of our Counsall, gewand and grantand to
him the custodie and keping of our wod and forrest of Glenfinglas, with the
deir being thairin, for ane certane space, as the samin at lenth proportis;
and seing the samin, as we ar suirlie informit, lies tendit and tendis altogidder
to our greit hurt and lesioun, as alsua vnderstanding our traist cousing and
counsallour, Sir James Stewart of Downe, knycht, and his predecessouris, ar
and hes bein heretablie infeft in fewferme and heretage in the kepping of the
said wod and forest, and hes bein in continewall possessioun thairof to this
hour ; and willing that our said traist cousing and counsallour be on na
wyis hurt nor preiugeit in his richt and place of the said wod, bot rather
fortefeit and assistit thairin for his better and surer preseruatioun of the samin :
Oure will is heirfoir, and we charge zow straitlie, and commandis, that inconti-
nent thir our lettres sene ze pas, and in our name and auctoritie command and
charge the said Malcum beg M c farlan, Andro M c farlan of that Ilk, and all
vtheris pretendit keparis of our said wod and forest, to desist and ceis from
all farther occupatioun, melling, keping, cutting, or intrometting with our said
wod and forest, or ony pairt thairof, within xxiiij houris nixt efter thay be
chargit be zow thairto, vnder the pane of rebellioun and putting of thame to
1581.]
KEEPEESHIP OF FOREST OF GLENFINLAS.
419
our home ; and gif thay failze thairin, the saidis xxiiij houris being bypast,
that ze incontinent thairefter denunce the disobeyaris our rebellis, and put
thame to our home, and escheit and inbring all thair movabill gudes to our vse
for thair contemptioun : And siclyk, that ze in our name and auctoritie pas to
the mercat croces of our burrowis of Striuiling, Perth, parroche kirkis of Port,
Kilmadok, and vtheris places neidfull, and thair, be oppin proclamatioun,
inhibite, command, and charge all and sindrie our liegis and subditis quhome
it effeiris, that thay nor nane of thame tak vpoun hand to do nor attempt ony
tiling in contrare the tennour of thir our lettres, nor to ansuer, obey, or
acknawlege ony yther forester or kepar of our said wod nor our said traist
cousing heretable fewar foirsaid, and his deputtis, under all hiest pane and
charge that efter may follow ; certefeing thame and thay do in the contrare,
thay salbe callit and puneist thairfoir with all rigour, as accordis of the law,
conforme to iustice, as ze will ansuer to ws thairvpoun ; the quhilk to do we
committ to zow, coniunctlie and seueralie, our full power be thir our lettres,
deliuerin£f thame be zow deulie execute and indorsate asrane to the berar.
Gevin vnder our signet, and subscrywit with our hand at Halyrudehous, the
vij day of December, and of our reignne the xiiij zeir, 1580.
Lenox. C. E. Ergyll.
James R,
125. Account of Repairs on Doune Castle. — 13th August 1581.
The Compt of the Eeparatioune of the place of Downe, maid at the same be
the avyce of Schir Robert Drummound of Carnok, knycht, his Maiesteis
maister of wark, agrear withe all the warkmen, and subschryuit withe
his hand, at the said place of Downe, the xiij daye of August, the
zeir of God ane thousand fyve hundreth four score ane zeiris.
In primis, to William Gibe, the quariour, dueland in Streueling, at the
maister of warkis command, for the wynning of audit score peice of
420
PAPERS RELATING TO DOUNE CASTLE.
[1581.
allering in the Craig of Knokkill and Burnebank, for euerie peice
wynning xl d., extending to the sowm, . . xxvj H. xiij s. iiij d.
Item, for bringing hame of the said stanis, the quarrell being four myllis, for
the hame bringing of euerie stane xl d., extending to the sowm foirsaid,
xxvj H. xiij s. iiij d.
Item, for beiring of thame out of the quarrell, . . . . vH.
Item, for broching of thame in the quarrell, that the hors mycht bring thame
easyer hame, for euerie peice vj d., extending to the sowm, . . vj H.
Item, for viij chalder lyme, pryce of the chalder xxij s., extending to the
sowm of . . . . . . . . ix Kb. xij s.
Item, for thre hundreth laid of sand, pryce of led, wynning, and leiding xij d.,
extending, ........ xviij Hb.
Item, for the bot fraucht that brocht vp the lyme, vj Hb.
Item, for the menis expensis that brocht the lyme, . . . iij Hb.
Item, gevin to Michell Ewing, maister measoune, quhais contract wes maid
be the maister of wark, for the making of the grait tour of Downe
wattirticht, and vther warkis quhilk is to be seen concerning the said
tour heid, extending to the sowm of siluer, ... j c Hb.
Item, mair to the said Mychell four bollis malt, pryce of the boll viij merkis,
quhilk extendis to .... . xxj lib. vj s. viij d.
Item, mair, four bollis meill, pryce of the boll iiij Hb., extending, . xvj Hb.
Item, to xij seruandis to thair drink siluer, vj Hb.
Item, to the wrychtis for sawing and vpputting of schaffalding, . iiij Hb.
Item, for the wynning of ane thousand skailze, bownteyth and all, iiij Hb.
Item, for fourte menis mait that led the skailze out of the Hiland xiiij my Us,
to thair wagis, ........ iiij Hb.
Item, to the wrychtis for sawing of the lathe, and graithing of the rest of the
tymmer to the tour heid, for the space of x dayis, extending, x Hb.
1582.]
REPARATION OF DOVNE CASTLE.
421
Item, for vij c naillis, pryce of the hundreth vs., extending, . xxxvs.
Item, for iiij pwnsiounes to be trie nailiis, euerie pwnsioune viij s., extending,
xxxij s.
Item, for ane man to mak thame, viij dayis, euerie daye v s., summa, xl s.
Item, to Makquarren, sklaitter, for the theiking of tourheid, vj Kb. xiij s. iiij d.
Summa of the haill expenssis of the reparatioune of the tour heid,
ij c iij xx xvij Hb. vj s.
Item, for rausing of sax score treis of the best tymmer of the wod of Down,
quhilk extendis to xl d. the piece, summa, . . . xx Hb.
Item, for the hame leiding of thame to the place, with feit men and hors, prys
of euerie trie xl d., summa ...... xx Hb.
The Compt of zour Maiesteis wod dyk, for biging thairof, quhilk
extendis to four hundreth rud and thre score, quhilk is of thiknes
in the grand v elnnes, and of heicht thre elnnes, of breid in the
heid thre quarteris and ane half.
Item, four men to euerie rud biging, to euerie man xx d. the rud, extendis,
vj s. viiij d.
Item, the four hundreth rud biging, and four extendis, to the sowme of
ij c merkis ij merkis.
126. Warrant by King James the Sixth, committing Gilbert Dick, an
Edinburgh Bailie, to ward in Doune Castle. — Stirling, 11th April
1582.
Eex.
Capitane, constable, and keiparis of our castell of Downe, we grete zou wele :
It is our will, and we command zou, that incontinent eftir the sicht heirof ze
422
PAPERS RELATING TO DOUNE CASTLE.
[1582.
ressaue in ward within our said castell, Gilbert Dik, ane of the baillies of
Edinburgh, thairin to remane vpoun his awin expensis ay and quhill he be
fred and releuit be ws, as ze will ansuer to ws thairvpoun, keipand thir
presentis for zour warrand. Subscriuit with our hand, at our castell of
Striuiling, the xj day of Aprile, and of our regnne the fifteint zeir, 1582.
James E.
Lennox. Craufurd.
127. Waeeant by King James the Sixth to James Stewart, Lord Doune,
for warding William Erskine, Commendator of Paisley, in the Castle
of Doune. — Holyroodhouse, 3d December 1583.
Rex.
James, Lord of Dowiu, we greit zou weill : Eorsamekle as William Erskin,
Commendatair of Paislay, is, at our commandiment, enterit in waird within the
castell of Dowin, in Menteith, pertenyng to zou heretably, quhairin we mynd
not that ze salbe subiect to keip ony prisoneris or wardouris at zour perrell,
and thairfore ze sail lett the said commendatair remane in fre waird within
the said castell at his awin chargeis, and vpoun his awin dangier, in caise he
sal happin to eschaip, quhilk sail na wyse be imput to zow for ony offence,
dischargeing zow of the same for euir, be thir presentis, subscriuit with our
hand at Halyruidhous, the thrid day of December, and of our reigne the xvij
zeir, 1583.
James E.
Rothes. J. L. Ogilvy.
1584.] REPARATION OF PARK WALL OF DOUNE. 423
128. Warrant by King James the Sixth to Lord Doune, Steward of
Menteith, to compel the feuars of the lordship to repair the park
wall of Doune. — Holyroodhouse, 20th May 15S4.
Rex.
Steuart of Menteyth and zour deputis, we greit zow weill : Forsarnekle as
it is vnderstand to ws and the Lordis of our Secreit Counsall that thair is ane
greit part of our park dyk of Downe rwynous and fallin down to the ground,
and will nocht faill to decay mair and mair to the apperand greit wraik and
truhle of our zoung growth within the samin, giff the samin be nocht
preventit : And vnderstanding alswa that the fewaris of the said Stewartrie
hes euir in all tymes bypast bene accustumit and in vse to big and beit ane
part and quantitie of the said park dyk, quhen the samin wes decayit or
fallin down, ewerie ane according to the mark landis thay possessit ; it is our
will thairfore, and we command zow, that efter the sycht heirof ze caus and
compell the fewaris and vtheris personis within our said Stewartrie that hes
bene accustomit and in vse of before, to beit, big, and repair sic quantitie of
our said park dyk now fallin down and decayit as thay haiff bene in vse to
do of before, and to enter to the work thairof betuix the dait of thir presentis
and the last day of Maij, and end and perfytt the samin betuix that and the
last day of October nixt to cum, but furder delay ; and failzeing thairof, that
ze vptak xiij s and iiij d off ewerie mark land within the said Stewartrie fra
the personis addattit to big vp the said park dyk, and employ the samin to
that vse and effect, and giff neid beis that ze be zour selffis and zour officiaris
poind, and distreinze the personis disobeyandis reddiest guidis and geir, for
the said sowme of xiij s and iiij d of ewerie mark land as is foresaid ; the
quhilk to do I commit to zow my full plane power to pass, poind, and dis-
424 PAPERS RELATING TO DOUNE CASTLE. [1591.
treinze thairfore as ze will ansuer to ws thairvpoun, kepand thir presentis
for zour warrand. Subscryuit with our hand at Haliruidhouse, the tuenty
day of Maij, and of our regnne the sevintene zeir, 1584.
James E.
S. J. C, Comptrollar. 1 Sir Robert Meluill.
129. Warrant by King James the Sixth, committing David Graham of
Fintry to ward in the Castle of Doune. — Holyrood Palace, 20th May
1591.
Eicht trest cousigne, we greit zou weill : It is our will, and we command
zow, incontinent eftir the sicht heirof, ze ressaue Dauid Grahame off Fentra
within our castell of Doun in wairde, and that ze kaip and detene him thair-
intill honestlie, vpoun his awin expensis during oure will, as ze will ansuer to
ws, vpoun zour obedience, perell, and dangeir, and thir presentis sail be zour
varrand. Subscriuit with our hand, at our Palice of Haliruidhous, the xx
of May 1591.
James E.
J. T. Cancellarius. 2 S. E. C. Secretarius. 3
1 Sir James Campbell of Ardkinglass.
2 Sir John Maitlaud, Lord Thirlestane.
3 Sir Richard Cockburn of Clerkington.
425
II.— SIX JACOBITE LETTEES AT BLAIK-DEUMMOND.
130. King James the Eighth (as claiming to be) to William, Marquis
of Tullibardine, afterwards called Duke of Athole, concerning the
proceedings of the King's supporters in Britain.
Borne, April 29, 1720.
It was a most sensible satisfaction to me to hear that you and your worthy
companions were arrived in France after all the dangers and troubles you
have gone thro' on my account. Iu the beggining of the year I writ a
letter to your self and another to Clanranold and Lochiel, hopeing they might
then find you in France, so I shall not writ at present anew to them, but
desire you will say to them all that is kind and gratefull in my name, as
well as to Glenderule and to your brother in the first place, who is I suppose
with you. I am truely concerned my circumstances do not allow me to send
you such a supply as I could wish, but I have order'd General Dillon to giue
you, and the gentlemen with you, what I am ashamed to name, desireing you
to look at the good will and not at the gift, which is but too suitable to my
present circumstances, tho' by farr inferior to your meritts.
Since the letter I writ to you in January affaires are much altered. I
directed you then to go to Spain, but now I must retract that order, haueing
reason to fear that it might be a journey in uain, that Kings circumstances
not alloweing him to prouide for more of my subjects at this time, tho' his
good will for me be allwayes the same, and the Duke of Ormonde, and with
all regard and kindness at his court. After this you will not, I am sure,
doubt of the satisfaction it would be to me to haue you near my person, but
besides that I haue not realy wherewithall to pay the expences of so great a
3 H
426 JACOBITE LETTERS AT BLAIR-DRUMMOND. [1720.
journey, the affaires of Europe seem to be in a sort of a crisis, and in so odd
a situation, that, till they haue taken some settled form, I should be loath to
bring any who may be truely usefull on occasion into so remote a country.
I think therefore that both you and your companions cannot do better then
to repose yourselues for some time some where in France, where your usuall
prudence will make you unnoticed, and where my orders and directions can
allwayes reach you.
It is fitteing you should be informed that since my return into this country
I haue receiued a great deal of uneasiness from seueral discontents and com-
plaints, for which I could never find any solid foundation ; but uhateuer were
the motiues of such proceedeings, it is certain my interest could not but suffer
by them, since not only my own personal caracter was not spared, but euen
a letter of mine uas falsified, and I made to write what I am not so much as
capable of thinking. Such as wish me well cannot, it is true, be long imposed
on by these stones, and it may be you may neuer here of them, but least you
should, I was glad to preuent you on the subject, that you might be the better
able to giue me on such occasions new proofes of that zeal and affection of
which I haue already receiued so many proofes. If you come to Paris, General
Dillon can inform you fully of such matters.
You will, I am sure, be sorry to find the Duke of Mar still in confinement.
He hath had also his share in malicious reports and stories, but his caracter
is too well established for such things to make any impression on men of
sense, or who are acquainted with him. I cannot but hope the approacheing
peace will restore him his liberty, the want I haue of him and my just
kindness for him makeing me earnestly uish for his company and assistance
again. In the meantime dureing his absence, your namesake, Mr. James
Murray, acts in business.
Tho' our present situation be farr from agreable, yet wee haue not, I think,
1720.] . KING JAMES THE EIGHTH AT ROME. 427
the least reason to disportd. On the contrary, the present situation of Europe
doth in some measure afford a pleaseing prospect for the future. It is with
courage and patience wee must expect better dayes without letteing any
disappointment slacken our endeauours in the support and pursuit of a just
cause ; and by being true to my sincere friends, and their being so to me, wee
cannot fail at last, with God's blesseing, of getteing the better of all our
ennemies, whether secret or declared ones.
As for your oun particular, I can assure you my confidence in your
singular zeal and affection for me is such as they merit, and the deep sense I
haue of them uill euer make me look upon you, and behaue towards you
with that peculiar distinction and kindness you so justly deserue.
You uill, I am sure, be glad to know that the Queen is with child, and in
perfect good health, as well as myself.
131. The Same to The Same, thanking him for constancy and zeal in his
service.
Eome, May 23, 1720.
This is only to couer the enclosed letters, which I desire you will deleuir,
and which I send you open for your preuious perusall. Glenderrels letter
to me required a more particular answer, and I uas not long of haueing an
occasion of espresseing myself in suitable terms in fauour of such as haue
more particularly distinguished themselues in my seruice, and who deserue at
428 JACOBITE LETTERS AT BLAIR-DRUMMOND. [1720.
least good, and I am sure sincere words, till I can giue them better encour-
agement, not less nescessary for my interest than their reuard. I look on you
to be in a particular manner of that number, and as one uho uill in all
conjunctures loose no opportunity of promoteing the good of my sendee, and
shall at all times be desirous to shew you that you haue in me a gratefull
friend as well as a just and a good master.
James E.
132. Lord George Murray, fifth son of John, first Duke of Athole, to Iris
brother William, called Duke of Athole, with instructions to meet
Prince Charles, and to make Blair his headquarters.
Perth, 9 September 1745, Monday, 10 fornoon.
Dear Brother, — The Prince certainly marches tomorow, and for Gods sake,
cause as many of the men as possible march for Dumblane, so to be there
tomorow, being Teusday, or early on Wedensday. If you could be your self
at Tullibardine to confer with His Eoyall Higness tomorow about midday, it
would be of infinite consequence for the good of the cause ; but if you cannot
be there so soon, the Prince will leave his directions for you in writeing,
which will be to this efect : — He being to push forward with the utmost
expedition, you are to act with a seperat body, and to quarter at Blair Castle.
The Higlanders that his Hyghess is posetive will join you from the North
and West, with the remender of your own men that you cannot get sent off
with Lord Nairn, etc., will soon be as stronger body then that which he
croses the Forth with. I reccon Strickland goes up to you. Your bagage
and servant will be this day at Tullibardine. If you come there you will
order it to Blair, and I have horse and cartes, etc., at your command.
Perhaps you may soon be in a condition to come down and take up your
1745.]
THE YOUNG PRETENDER AT HOLYROOD.
429
quarters here, espesially if you hear that Cope imbarks for Leith. 100 bolls
rueall goes up to Dunkeld this moment ; money, meall, etc., will be apointed
for you as far as posible, but the particulars you will know at Tullibardine.
Adieu.
Yours,
George Murray.
Pray keep Mr. N. Macglashen with you for despatches.
To His Grace the Duke of Atholl, at Blair Castle.
133. Prince Charles-Edward to William, called Duke of Athole, to
hasten with all his men to him at Edinburgh.
Holyroodhouse, the 11 Octobre 1745.
Murray writ to you yesterday to press you in my name to com up with the
utmost expedition with all your men. Dispatch now is so necessary by
the favourable accounts I have got from England, that makes me repeat
this to you in the strongest manner. As I intend to part next week for
England, you wont fail to be here so as to go along with me ; at the same
time write to hesten those who are behind you, and to follow without wating
for one another.
W^^X
For the Duke of Athole.
430
JACOBITE LETTERS AT BLAIR-DRUMMOND.
[1745.
134. William, called Duke of Athole, to Prince Charles-Edward.
Eeply. [Draft.]
Dunkeld, 15 October 1745.
Sir, — Your Eoyal Highness gracious letter of the 11 instant, with express
orders to immediatly join you with all the men I have been raising, according
to orders under Secretary Murray's cover, came not to my hands till this
evening. The letters being taken, but luckily retaken, occasioned the delay.
The convoy under Captain Browns care, with arms, ammunition, etc., for
your Eoyal Highness from his most Christian Majesty, arrived here last night.
After the utmost endeavours it will be to- morrow night before all the men
nessesary for bringing them up to your army can be got togither ; next
morning I shall march them from hence with the utmost diligence can
possibly advance the earnest desire I have of soon being able in person to
receive your Eoyal Highness commands, and fully to let you know that
nothing has been omitted could be useful towards the speedy advancing of
King and country's service, being ever with the utmost attachment and
zea1 ' Sir,
Your Eoyal Highness most dutiful and most obedient subject and servant.
135. Prince Charles-Edward to William, called Duke of Athole,
pressing him to come at once to his assistance.
Bannockburn, January the 28th, 1746.
Having received repeated intelligence that the ennemy are again preparing
to march towards us, this is to require of you to hasten up all the men you
can possibly send me without a moments loss of time, for the thing presses,
and will in all appearance decide the fate of Scotland.
Your sincere friend,
For the Duke of Athol.
Charles, P. E.
431
III.— CHARTERS AND MISCELLANEOUS PAPERS.
136. Letter from William Fraser, Bishop of St. Andrews, to King Edward
the First, regarding a rumour of the death of Queen Margaret, the
Maid of Norway.— 7th October 1290.
Excellentissimo Principi et Domino reuerentissimo Domino Edwardo Dei
gracia Regi Anglie, Domino Ybernie, et Duci Acquitanie illustrissimo, suus
deuotus capellanus W. permissione diuina ecclesie Sancti Andree in Scocia
minister humilis, salutem et felices ad vota successus, cum incremento glorie
et honoris. Sicut in presencia vestra nuper extitit ordinatum, conuenerunt
nuncii vestri, et nuncii Scocie qui fuerant vobis missi, necnon et aliqui
proceres regni Scocie, apud Perth, dominica proxima post festum Beati
Michaelis Archangeli, ad audiendum responsum vestrum super hiis que petita
et tractata fuerunt per nuncios Scocie coram vobis : Quo responso vestro
audito et intellecto, fideles proceres, et quedam pars communitatis regni Scocie,
celcitudini vestre inmensas referebant graciarum actiones. Predicti vero
nuncii vestri et nos deinde versus partes Orcadie, ad tractandum cum nunciis
Norwagie et ad recipiendum dominam nostram Reginam, gressus nostros
aripere disposuimus, et ad hoc parauimus iter nostrum. Set insonuit in
populo dolorosus rumor, quod dicta Domina nostra debuit esse mortua;
propter quod regnum Scocie est turbatum, et communitas disperata. Audito
eciam et publicato rumore predicto, Dominus Robertus de Brus, qui prius
non intendebat venire ad congregacionem prenominatam, cum magna potencia,
ad interpellacionem quorundam, ibidem venit ; set quid iutendit facere, vel
qualiter operari ad hue ignoramus. Set Comites tamen de Marre et Atholie
iam eorum exercitum demandarunt, et quidam alii magnates terre trahunt se
432
CHARTERS AND MISCELLANEOUS PAPERS.
[1290.
ad partem suam ; et idcirco timetur de gerra communi et magna strage
hominum, nisi Altissimus, per industriam et ministerium vestrum, festinum
remedium apponat. Domini Episcopus Dunelmensis, Comes Warrennie,
et nos audiuimus postmodum quod Domina nostra predicta conualuit de
infirmitate sua, set adhuc est debilis ; et idcirco inter nos ordinauimus prope
partes de Perth moram trahere, quousque per milites qui sunt in Orchadiam
missi, de statu ipsius Domine nostre (utinam prospero et felici !) certitudinem
habeamus. Et si de ipsa optatos habuerimus rumores, quos de die in diem
expectamus, ad partes illas, prout ordinatum est, parati erimus proficisci, ad
perficiendum, pro posse nostro, negocium memoratum. Si Dominus Johannes
de Balliolo venerit ad presenciam vestram, consulimus quod cum ipso tractare
curetis, ita quod in omni euentu honor vester et commodum conseruentur.
Si vero contingat Dominam nostram predictam ab hac luce migrasse (quod
absit), dignetur, si placet vestre Excellencie, versus Marchiam, ad consola-
cionem populi Scoticani, et ut effusioni sanguinis parcatur, appropinquare ;
ita quod fideles regni suum possunt sacramentum conseruare illesum, et ilium
preficere in regem qui de iure debeat hereditare ; dum tamen ille vestro
consilio voluerit aderere. Valeat Excellencia vestra per tempora diuturna,
prosperum et felicem.
Datum apud Locris, die Sabati, in crastino Sancte Fidis Virginis, anno
Domini M°cc°. nonogesimo.
Dorso : Domino Edwardo, Dei gracia Eegi Anglie, Domino Ybernie,
et Duci Acquitanie illustri, per Episcopum Sancti Andree in
Scocia. 1
1 Royal Letters, Public Record Office, London, No. 1302.
1373.1 GIFT OF GLAMIS TO JOHN LYOX. 433
137. Confirmation by John, Earl of Carrick, Robert, Earl of Fife and
Menteith, and Alexander, Lord of Badenoch, of a grant by their
Father, King Eobert the Second, to John Lyon, of the Thanage of
Glamis. — 7th January 1373. 1
Vniuersis ad quorum noticiam presentes litere peruenerint, Johannes, illustris
Regis Scotie primogenitus, Comes de Carrik, Senescallus Scotie, Robertus,
Comes de Fyff et de Meneteth, et Alexander dominus de Badynach, eiusdem
domini Regis filii, eternam in Domino salutem. Cum idem dominus pater
noster, consideratis et attentis laudabili seruicio et fi deli ac continuis laboribus
Johannis Lyovne, clerici sui, hucusque sibi impensis et impendendis, inantea
eidem Johanni per cartam suam concesserit terras Thauagij de Glanmys, cum
pertinenciis, infra vicecomitatum de Forfar, nos, considerantes laudabilia
seruicia et labores huiusmodi, ac merita ipsius persone, quoque nobis et
nostrum cuilibet fidelissimus seruitor quociens requisitus f uerat semper extitit,
prout a.dhuc existit, prefatas donacionem et concessionem eidem Johanni, sic
factas per dictum dominum patrem nostrum, de dictis terris ipsius thanagij,
cum pertinenciis, ratas, stabiles, atque firmas, pro nobis et nostrum quolibet
habemus et habebimus in futurum ; ac ipsas, pro nobis et nostris heredibus,
ratificamus, approbamus et per presentes nostras literas in perpetuum con-
firniamus, secundum tenorem carte dicti domini patris nostri quam inde
habet : Promittentes pro nobis et nostrum quolibet ac pro nostris heredibus,
quod dictas donacionem et concessionem ac cartam dicti domini patris nostri
inde confectam, sic per nos confirmatas, ratificatas et approbatas, ut pre-
mittitur, nullis vnquam futuris temporibus impugnabimus, reuocabimus, aut
contra ipsas veniemus in aliquo, communiter vel diuisim, ad quemcunque
statum. sen dignitatem, eciam regiam, contigerit nos vel aliquem nostrum
1 Original at Glamis Castle.
3 I
434
CHARTERS AXD MISCELLANEOUS PAPERS.
[1373.
assumi, per quamcunque generalem seu specialem reuocacionem uel aliam
ordinacioneni de terris dominicis aut aliis inantea faciendam, quibusquidem
reuocacioni et ordinacioni, si que forte in futurum facte fuerint, quoad dictas
donacionem et concessioneni nullo tempore consenciemus aut consenciet
aliquis nostrum, sed potius ipsam donacionem et concessioneni nos et quilibet
nostrum de nouo renouabimus, ratiiicabimus et confirmabimus, renouabitque
ratificabit et eciam confirmabit, quociens opus fuerit, et super hoc per dictum
Johannem uel heredes suos fuerimus requisiti uel aliquis nostrum fuerit
requisites, omnibus modis et formis ac condicionibus, quibus iuxta tenorem
carte dicti domini patris nostri dicto Jobanni vel heredibus suis videbitur
expedire. Et si forte aliquis ipsum Johannem vel heredes suos nitatur super
hoc iudicialiter vel alias impugnare, eundem Johannem et heredes suos,
contra omnes sic eos impugnare seu inquietare volentes, manutenebimus et
pro nostris viribus in omnibus defendemus. In cuius rei testimonium sigilla
nostra presentibus Uteris sunt appensa, apud Edynburgh, die septimo mensis
Januarij, anno Domini millesimo ccc mo septuagesimo tercio, regni vero dicti
domini regis patris nostri tercio. 1
138. Letters- Patent by King Bobert the Second, remitting any irregu-
larities connected with the marriage of his daughter Johanna de
Keith and John Lyon of Glamis. — 10th May 1378. 2
Kobertus, Dei gracia Eex Scottorum, omnibus probis hominibus tocius
terre sue ad quos presentes litere peruenerint, salutem. Nouerit vniuersitas
vestra quod cum inter dilectos filiurn Johannem Lyoune, Camerarium Scocie,
1 Only the seal of Robert Stewart now
remains attached to the document. It is in
good preservation, and has been reproduced
as the centre of the heraldic device on the
back board of both volumes of this work.
2 Original at Glamis Castle.
1378.] SIM JOHN LYON AND THE PRINCESS JEAN. 435
et Jobannam de Keth, liliam nostras, cle nostri et carissimorum filiorum
nostTorum Johannis primogeniti nostri de Carryk, Senescalli Scocie, Eoberti
de Fyff et de Meneteth, comitum, Alexandri Senescalli domini de Badenach,
et aliorum amicorum et propinquorum consensu et assensu, matrimonium in
facie ecclesie fuerit, nobis presentibus, solempniter celebratum ; Si inter
eosdem Johannem et Johannam ante dictam solernpnizacionem, matrimony
actus aliqui interuenerint, puta matrimonium occulte contractum, solbcitacio,
carnalis copula, buiusmodi copule carnalis tunc vel aliquo tempore ante
matrimonium per illam aut aliquem alium, aut aliam, pretensa excusacio, aut
aliquid huiusmodi quod nobis posset reputari ad displicenciam, vel eis, aut
eorum alicui, ad perfidiam, infamie notam, seu periculum criminis publici
vel priuati, Nos, buiusmodi actus preuios tanquam preparatories ad matri-
monium, matrimonium concomitantes, et ipsi matrimonio Concordes,
intelligentes, vobis tenore presencium significamus quod erga neutrum
eorum, occasione huiusmodi actuum, displicenciam retinemus. Ymmo,
si ex buiusmodi actibus, occasione aliqua, iniuria vel displicencia queuis
oriri in aliis sit solita, illam et illas penitus remittimus, volentes expresse
quod neutri eorum sint imputabiles, puta ad perfidiam, infamiam seu
culpam aliquam criminis publici vel priuati ; Quare tenore presencium
firrniter probibemus ne quis eis, aut eorum alicui, occasione premissa, in
iudicio vel extra, actus predictos preuios, aut alios quosque buiusmodi
similes, imputet, ad culpam, infamiam, perfidiam aut huiusmodi aliquid,
seu eos aut eorum aliquem exprobret, irritet vel infamet de eisdem, sub
pena omnium que erga nos amitti poterunt quoquomodo. Et hoc in fide
et fidelitate quibus nobis tenetur nullus attemptare presuniat. In cuius
rei testimonium has literas nostras, pro toto tempore vite dictorum Johannis
et Johanne duraturas, sibi fieri fecimus patentes. Apud Duudonnald
decimo die Maij, anno regni nostri octauo.
436
CHARTERS AND MISCELLANEOUS PAPERS.
[1413.
139. Charter by Eobert, Duke of Albany, etc., and Governor of Scotland,
to Malcolm Fleming of Biggar, and Elizabeth Stewart his wife,
daughter of the Duke, of the Barony of Biggar, etc. — 28th June 1413. 1
Bobertus, Dux Albanie, Comes de Fife et de Menteth ac Gubernator regni
Scocie, omnibus probis honiinibus tocius regni predicti clericis et laicis,
salutem. Sciatis nos dedisse, concessisse et hac presenti carta nostra
confirmasse dilecto filio nostro Malcolmo Flemyng de Bigare et Elizabeth
Stewart filie nostre, sponse sue, ac eorum diucius uiuenti, totas et integras
terras baronie de Bigare, cum pertinenciis, iacentes infra vicecomitatum de
Lanark, vnacum toto et integro annuo redditu debito et exeunte de terris de
le Kers, cum pertinenciis, pertinentibus Abbati et Conuentni Monasterii
Sancte Crucis de Edinburgh, infra vicecomitatum de Striuelyne ; Quequidem
terre, cum dicto annuo redditu, cum pertinenciis, fuerunt dicti Malcolmi
hereditarie, et quas terras, cum eodem annuo redditu, cum pertinenciis, idem
Malcolmus, non ui aut metu ductus nee errore lapsus, sed mera et spontanea
voluntate sua, in manus nostras, coram testibus subscriptis, in capella beate
Marie Uirginis, iuxta pontem de Tay, per fustem et baculum personaliter
sursum reddidit, pureque simpliciter resignauit, ac totum ius et clameum
que in predictis terris et annuo redditu, cum pertinenciis, habuit uel habere
poterit, pro se et heredibus suis omnino quitteclamauit imperpetuum ;
Tenendas et habendas ac percipiendas totas et integras predictas terras,
vnacum dicto annuo redditu, cum pertinenciis, dicto Malcolmo et Elizabeth
filie nostre, sponse sue, et eorum diucius uiuenti, ac heredibus masculis
inter ipsos legitime procreatis uel procreandis, quibus forte deficientibus,
veris legitimis et propinquioribus heredibus prefati Malcolmi quibuscunque
libere reuertendas, de domino nostro rege et heredibus suis, in feodo et
1 Diplomata Scotia?, No. lxii.
1558.] THE BARONY OF BIGGAR. 437
hereditate imperpetuum, per omnes rectas rnetas suas antiquas et diuisas.
cum omnibus et singulis libertatibus, commoditatibus, et aisiamentis ac
iustis pertinenciis quibuscunque ad predictas terras, et annuum redditum,
cum pertinenciis, spectantibus, seu iuste spectare ualentibus quomodolibet
in futurum, adeo libere et quiete, plenarie, integre et honorifice, bene et in
pace, in omnibus et per omnia, sicut prefatus Malcolmus predictas terras
dicte baronie, vnacum dicto annuo redditu, cum pertinenciis, de domino
nostro rege et heredibus suis, ante dictam resignacionem nobis inde factam,
liberius tenuit seu possedit ; faciendo domino nostro rege et heredibus suis
predictus Malcolmus et Elizabeth, sponsa sua, et eorum diucius uiuens, ac
heredes masculi inter ipsos legitime procreati seu procreandi, qui bus forte
deficientibus, veri legitimi et propinquiores heredes predicti Malcolmi
quicunque, de predictis terris dicte baronie et annuo redditu cum pertinenciis,
seruicia debita et consueta. In cuius rei testimonium presenti carte nostre
magnum sigillum officii nostri apponi precepimus ; Testibus, reuerendis in
Christo patribns, Gilberto Episcopo Aberdonense, Cancellario Scocie, Waltero
Episcopo Brechinense, Johanne Abbate Sancte Crucis de Edinburgh,
Johanne Comite Buchanie, filio nostro, Roberto de Maxwel de Caldorewod,
et Johanne Forstare de Corstorfyn, militibus, necnon Andrea de Hawic,
rectore de Listoun, secretario nostro, apud Perth, vicesimo octauo die mensis
Junii, anno Domino millesimo quadringentesimo decimo tercio, et guberna-
cionis nostre octauo.
1 40. Bond of Manrent by William Chalmer of Drumlochie to David,
Lord Drummond. — 5th December 1558. [Copy.]
Be it kend till all men be thir present lettres, me, Williame Chalmer of
Drumlochie, that forsamekle as ane noble and michty lord, Dauid, Lord
438 CHARTERS AND MISCELLANEOUS PAPERS. [1558.
Drummond, and certane vtheris, principalis of the four brancheis, and niaist
speciall and nerrest of the kin and freindis of vmquhile George Drummond
of Leidcreif and "Williame Drummond his' sone, for thame selfis and
remanent kin and freindis of the saidis vmquhile George and Williame, has
remittit and forgevin to me thair slauchteris, and gevin and deliuerit to me
thair lettres of slains thairvpoun ; and that I am oblist, be vertew of ane
contract, to gif the said noble Lord my band of manrent, as the saidis contract
and lettir of slains deliuerit to me mair fullelie proportis : Thairfore to be
bundin and oblist, and be thir present lettres bindis and oblisis me and my
airis in trew and anfald band of manrent to the said noble and mychty Lord,
as chief to the saidis vmquhile George and Williame his sone, and the saidis
Lordis airis, and sail tak thair trew and anfauld part in all and sindry thair
actiouns and caussis, and ride and gang with thame thairin vpoun thair
expenssis, quhen thay require me or my airis thereto, aganis all and sindry
personis, oure souerane lady and the auctorite of this realme alanerlie exceptit ;
and heirto I bind and obliss me and my airis to the said noble and michty
Lord and his airis, in the straitast forme and sicker stile of band of manrent that
can be deuisit, na remeid nor exceptioun of law to be proponit nor allegit in
the contrair. In witness of the quhilk thing, to thir present lettres and band
of manrent, subscriuit with my hand, my seill is hinging. At Edinburgh, the
fift day of December, the zeir of God ane thousand five hundreth fiftie
aucht zeiris, befoir thir witnessis, Andro Eollok of Duncrub, James Eollok
his sone, Johnne Grahame of Geruok, Maister Johnne Spens of Condy, and
Laurence Spens his brother, with vtheris.
Wilzam Chalmir of Drumlochy.
1686.] GRANT TO JOHN GRAHAM OF DUCHRAY. 439
141. Precept by King James the Seventh to James, Earl of Perth,
Chancellor, and the Lords of the Treasury in Scotland, for pay-
ment of £100 sterling to John Graham of Duchray, and for remission
of his Feu-duties. — 25th October 1686. 1
James B.
Eight trusty and right welbeloved cousins and councellors, right trusty
and entirely beloved cousin and councellor, and right trusty and wel-
beloved cousins and councellors, wee greet you well. Whereas wee are
resolved out of our royall bounty, in consideration of the loyalty, services,
and sufferings of John Graham of Deuchrie, to bestow upon him a yearly
pension of five hundred merks Scotts money as a small supply from us
towards his future subsistance ; and also in consideration that the summe of
one hundred pounds sterline was granted to him by our deceased royall
brother of ever blessed memory, whereof (as he informes us) there was not
any payment ever made unto him : It is now our will and pleasure, that
you cause the said pension to be duly paid unto him hereafter, conforme
to our gift therof granted unto him, bearing the same date with these
presents. And whereas also (as a further mark of our royall favour and
bounty to him) wee are graciously resolved to discharge him of the few
duties of his lands held immediatly of us for this crope and year of God 1686,
and for all years preceding, which are not paid since the last discharge
granted unto him by our said deceased royall brother, bearing date at
Whitehall, the 8th day of November 1671 : It is now our will and pleasure,
and wee doe hereby authorise and require you to give or cause to be given
unto the said John Graham, such sufficient and valide acquittances and
discharges of his said few duties for the crop and year of God 1686, and
of all crops and years preceding, which remaine unpaid since the last
1 The originals of this Precept and the two following are amongst the Scotch Treasury Papers.
440 CHARTERS AND MISCELLANEOUS PAPERS. [1686.
discharge aforesaid, as are usuall in the like cases, and which will effectually
serve for his full exoneration of the same. For all which, this shall be to
you and all others respectively who may be therein any way concerned, a suffi-
cient warrant. And so wee bid you heartily farewell. Given at our Court
at Whitehall, the 25th day of October 1686, and of our reigne the 2d j r ear.
By his Majesties command,
J J Murray.
142. Precept by King James the Seventh to James, Earl of Perth,
Chancellor, and the Lords of the Treasury in Scotland, to pay
George Drummond of Blair the fifth part of the royal duties uplifted
by him on behalf of the King, and also the fifth part of all composi-
tions.— 10th November 1687.
James K.
Eight trusty, etc., wee greet you well. Having by our commission,
dated the 16th day of Aprile 1686, granted power unto George Drummond
of Blair to pursue for and uplift all wards and non-entries, simple and taxt,
with the releifes thereof, which are fallen due to us or our dearest royall
brother (of ever blessed memory), of all yeares and termes bygone since the
first day of August 1674, by the decease in that time of any of our vassalls
holding their lands off us or our dearest royall brother aforesaid, as Kings,
Princes, or Stewards of Scotland, in simple or taxt ward, with the avaiiles,
marriages, simple and taxt, of all lands holden off us in simple or taxt ward,
or few, cum maritagiis, fallen due as aforesaid, and in time coming, during
our royall pleasure ; by which commission wee did allow unto the said
George Drummond a fifth part of what he should recover and compt for by
vertue thereof, for his paines in uplifting the said casualities, which fifth part
wee did appoint to be allowed unto him in the first end thereof, together
with his necessary charges in recovering the same. And by our new com-
1687.] GRANT TO GEORGE DRUMMOND OF BLAIR. 441
mission to him, bearing date the 8th clay of this instant, wee have not only
ratified the former commission, but also impowered him to receive the non-
entries of all lands holden off us in blench or few ferme, with the non-entries
of all annualrents fallen due to us since the said first day of August 1674,
and in time coming, during our royall pleasure, which formerly he received
as having commission from our right trusty and right wel beloved cousin and
councellor, James, Earle of Perth, our Chancellor, to whom wee did assigne
the same untill he shall be paid of the summe of eight thousand pounds
sterline, granting hereby unto the said George Drummond the same allow-
ance for recovery thereof as is contained in the first commission. And
considering the good and faithfull service done to us by the said George
Drummond in discovering and pursuing for the said casualties (whereof
formerly small benefite did arise to us), and which by his industry is encreased
to more than wee could reasonably have expected, severalls, by his discovery
and diligence, being obleidged to present gifts of the said casualties which
otherwise would have lyen latent (as they have been heretofore), to be com-
poned by you, the compositiones whereof he receives without any allowance
from the parties : Wee, to take off all scruples that may hereafter arise as to
our intention of allowing unto the said George Drummond a fifth part of the
said compositiones, have now thought fit to order and allow unto him a just
fifth part of the same, as well as of what shall otherwayes be received by
him either from the vassalls or other intromitters with the said casualties.
Becpiiring you in the accompts that are to be fitted by the said George
Drummond, to allow unto him, in the first end thereof, the fifth part of the
said compositiones received, or to be received by him from time to time, as
well as of what otherwayes shall be received by him of the said casualities,
together with his necessary charges aforesaid, the remainer being alwayes
allowed unto the said Earle of Perth, our Chancellor, untill he shall be paid
3 K
442
CHARTERS AND MISCELLANEOUS PAPERS.
[1688.
of the said summe of eight thousand pounds sterline, free of all expences,
conforme to the gift thereof granted by us unto him. For all which, this
shall be to you, and all others respectively who may be therein any way
concerned, a sufficient warrant. And so wee bid you heartily farewell.
Given at our Court at "Whitehall, the 10th day of November 1687, and of
our reigne the 3d year.
By his Majesties command,
Melfort.
143. Precept by King James the Seventh to James, Earl of Perth, and
the Lords of the Treasury in Scotland, for payment of an annual
salary of £100 to Sir Hugh Paterson of Bannockburn, and George
Drummond of Blair, Keepers of the Signet. — 17th July 1688.
James E.
Eight trusty, etc., wee greet you well. Whereas a good while agoe
wee have taken into our consideration the paines and charges that Sir
Hugh Paterson of Bannockburn and George Drummond of Blair (keepers
of our Signett there under our Secretaries of State) have been and still are
at, about their receiving the black box thrice every week, and as often
sending the same ; and wee being fully satisfied with their care and diligence
in that matter, and being resolved to bestow a constant yearly allowance
hereafter upon them for the same : It is now our will and pleasure, and
wee doe hereby authorise and require you, out of the first and readiest of
our rents, revenues, customes, and casualities whatsoever of that our ancient
kingdome, to pay, or cause to be paid yearly to the said Sir Hugh Paterson
and George Drummond, the summe of one hundred pounds sterline money,
to be equally divided betwixt them, and to be paid at two termes every
year, Whitsunday and Mertimes, by equall portions ; whereof the first termes
payment is to be at Mertimes next ensuing the date of these presents,
1689.] RECEIVING AND SENDING "THE BLACK BOX." 443
and so forth to continue, yearly and termely thereafter during our royall
pleasure, which yearly allowance of one hundred pounds sterline wee doe
hereby authorise and require you to adde to the list of fees formerly granted
by us to our servants there, and to be constantly paid at the same times, and
in the same manner as our said servants are usually paid of the respective
allowances granted by us as aforesaid unto them. And in regard it is long
since wee were graciously pleased to settle the foresaid yearly allowance of
one hundred pounds sterline upon the said Sir Hugh Paterson and George
Drummond : It is now our further will and pleasure, and wee doe also
hereby authorise and require you presently to pay, or cause to be paid, unto
them, the summe of fifty pounds money foresaid, as an halfe years allowance
from us unto them preceding the terme of Whitsunday last past in this
present year of God. For all which, these presents (together with their
respective receipts for what shall be paid unto them from time to time)
shall be to you, and all others respectively who may be therein any way
concerned, particularly to the Lords Auditors of your accompts for allowing
the same, a sufficient warrant. And so wee bid you heartily farewell.
Given at our Court at Whitehall, the 17th day of July 1688, and of our
reigne the 4th year. . .
° ''By his Maiesties command, ,,
J J Melfokt.
144. John Graham of Claverhouse, Viscount Dundee, to Lord Strath-
naver, giving him an account of King James's affairs. 1
Struan, July 15, 1689.
My Lord, — Your Lordships, dated the 3, I received on the 13, and would
have returned answer befor nou, had I not been called sudenly to Enverlochie
to give orders anent the forces, armes, and amunition sent from Yrland.
1 Original at Dunrobin. This letter was written fourteen days before the battle of Killie-
crankie, where Dundee was killed.
444
CHARTERS AND MISCELLANEOUS PAPERS.
[1689.
My Lord, I am extreamly sensible of the obligation I have to you for
offerring your indevors for me, and giving me advice in the desperat estate
you thoght our affaires wer in. I am perswaded it fiouse from your sincer
goodness and concern for me and myn, and in return, I asseur your Lordship
I have had no less concern for you, and was thinking of making the lyk
adress to you, but delayed it till things should apear mor clear to you. I am
sorry your Lordship should be so far abused as to think that there is any
shadou of apearance of stability, in this newe structure of goverment these
men have framed to themselves. They made you, I dout not, believe that
Darie was relieved 3 weeks agoe, by printed acounts, and I can asseur you
it never was, and nou is taken. They told you the Inglish fleet and Dutch
wer mesters at sea. I knou for certain the French is, and in the Chanel.
In testimony wherof they have defeated our Scots fleet, for as they came
alongst, they fell on the tuo frigats, killed the captains, and seised the ships,
and broght the men prisoners to Mull. They tell you Shomberg is going
to Yrland to carry the war thither. I asseur you the King has landed a
considerable body of forces here, and will land himself amongst our friends
in the West, whom I am sorry for, very soon. So, my Lord, having given you
a clear and treu prospect of affaires, which I am feared, amongst your folks,
you are not used with, I leave you to judge if I or you, your family or myn,
be most in denger. However, I acknouledge francly, I am no less oblidged
to your Lordship, seing you made me offer of your asistance in a time you
thoght I needed it. Wherein I can serve your Lordship or family at any
time you think convenient you may freely imploy me, for as far as mey
deuty will allou me in the circumstances we stand, I will study your well,
as beconis, my Lord,
Your most humble servant,
From my Lord Stranaver.
Dundie.
1695.] JAMES DRUMMOND IN ITALY. 445
Envernes, 19 Julij 1689.
This is one ansuer to a letter writen bij my Lord Stranever to the Vicount
of Dundie at mij desyer, deatet the 3 of July, wichs I saw and aprouved of.
T. Levingstone. 1689.
145. James Drummond to his Father, George Dkummond, first of Blair-
Drummond, during his travels on the Continent. 1
Venise, ff March 1695.
Dear Father, — I received last night a letter from Mr. Wallace, very much
to my satisfaction, but such as I litle expected after the severe ones I had seen
from your self. But I am glade you have thought fitt to consider the thing
again, and if not to change your sentiments altogether, yet so fare as to allou
me some months in Italy, nou I am come this lenth. I acknouledge its
more then I deserved, after haveing come without your consent. But I am
hopefull to behave so as you shall have no reason to repent you of your
condescending to me on this occasion. As to my returning to Utrecht
against September, I were unworthy of the goodnes you have for me if I
obeyed it not. My Lord Perth can doe me that justice as to tell you that
whenever I received your letter I resolved to leave his Lordship, only I
waited for credit from my brother, and my Lord had actually left me here,
but that the wayes were so badde he could not travel, and so return'd from
Padoua hither to pass the holy week, and after that he takes journey for
Rome through a part of Lombardy, and at last by Loretto. My Lord does
not design to goe to Naples dureing the time I 'le be with him, so I will be
obleidged to make that journey alone, and that will cost me a litle money ;
and except that and what I 'le pay to a master of the language, and one of
1 Original at Blair-Drummond.
146
CHARTERS AND MISCELLANEOUS PAPERS.
[1695.
antiquities and history, while I am at Eome, my extraordinarys will be
very small while I stay, and when I come away be assured I 'le take the
nearest way home. So if you can allou me a litle in consideration of this, I
axe no more till I be to come away. Dear father, besides the naturall tye of a
sone to a father, I have had as many others from your care and goodnes to me
as perhaps ever any had. But this I reckon beyond any of them, and shall by
God's grace behave myself henceforth as worthy of it, only be so good as wrytte
to me once again your self, and tell me your will, and then see if I doe not
follou it as you desire. There's one thing, I most begge you not to put your
self in any paine about my religion, and be perswaded that neither traveling
with my Lord Perth, nor in Italy, will make me other then I am, that is, as
much averse from the superstition of Popery as from the fanaticism and
narrouness of Whigry. I begge a line from you by the first post ; and I am,
Your most obleidged affectionat sone, T „
& J. Dkummond.
My Lord and Lady are well, and shou me all possible kindnes.
For the Laird of Blair-Drummond, at his lodgeings, Edinbrough, Scotland.
146. Eob Eoy to John, first Earl of Breadalbane, recommending his
nephew for a gift of four trees. 1
Portnellan, November 12th, 1707.
My Lord, — I long to see your Lordship, and I presume to tell your Lord-
ship that I have the honour to have come of your Lordship's family, and shall
keep my dependency suitable to the samine, of which I told your Lordship
when I parted with your Lordship last ; and what I sayed to your Lordship
or ever promised shall be keeped while I live. My nephew is to see your
Lordship, whom I hope will be capable to serve your Lordship, and will do
1 This Letter and the three following Letters are in the Breadalbane Charter-ehest.
1711.] LETTEBS BY BOB BOY. 441
it tho' I were in my grave. He is a young man, so, my Lord, give him
your advice. He is begging his house, and I hope your Lordship will give
him a precept for the four trees your Lordship promised him the last time
I was there. I beg pardon for the subscriveing ; and I am,
My Lord,
Your Lordship's servant,
Eo : Campbell.
To Eight Honourable the Earle of Braedalbine.
147. The Same to The Same, requesting his interposition in a quarrel
between Clansmen.
Att Portnellan, 4th September 1711.
My Lord, — I doubt not but your Lordship has heard of this pley that
was betuixt John Campbell in Innerardoran and Glenfallochs bairns, and
I hope your Lordship will be att the pains as to bind them both to the peace,
for quhen they cast out before, Lochdochard and I made them to give bonds
under the paine of a thousand nierk that they should not medle with one
another in tymes comeing, and the transgressor was to forfeit the thousand
merk, or any part thereof, as your Lordship would think fit ; and I am enformed
that Glenfalloch and Mr. Eobert Stewart in Killine came to Gregor M c Ouile
and persuaded him to give wp the bonds, to the end that they might be
destroyed, quhich was done immediatly, and I am fulily persuaded that
Gregor M c Ouile would never give up the bond if he were not advised by the
minister to doe it. I beg pardone for this trouble ; and I am,
My Lord,
Your Lordships servant,
Eo : Campbell.
To the Eight Honourable the Earle of Breadalbine.
us
CHARTERS AND MISCELLANEOUS PAPERS.
[1711.
148. The Same to The Same, in further reference to the quarrel.
Att Corrycheyrich, 15th September 1711.
My Lord, — After parting with your Lordship, I meet with young Glenfalloch,
and after some discourse that past betuixt him and me, he told me that the
bond that Gregor M c Ouile gave was in Lochdochards custody undistroyed,
and if it be soe, it looks very ill fard. Itt looked nothing lyke fair dealling
to Glenfalloch and the minister to come upon the Sabbath day to Gregor
M c Ouils house, when his sone was from home, and to tell him that all was
destroyed, and to keep up ther oun, as I said before. Houever, I hope your
Lordship will call for the bond from Lochdochard. I am lykewise hopefull
your Lordship will lose no tyme in setling this affair. I would be content to
know what answer my Lord Drummond has sent to your Lordship. I beg
pardone for this trouble ; and I am, My Lord,
Your Lordships servant,
Eo : Campbell.
To the Eight Honourable the Earle of Breadalbine.
149. Letter from Bob Eoy to a Co-arbiter, 1 whose name is wanting in the
letter, relative to a dispute about a cow. 2
At Portnellan, 24th June 1711.
Sir, — Archibald M c Intyr was here, who was telling me that the cowe that
was betuixt him and Duncan Ban is submitted to you and me, and were to
meet against Thursday nixt, in order to take it away. Its impossible for me
to meet against the said tyme. However, I am sure we will agree it against
our first meeting. This is all, with my service to your bedfellow, safe that I am,
Yours as formerly, E : CAMPBELL.
1 Address torn off. 2 Original penes John Graham, Esq. of Glenny.
S'c^s
"Ai<
l ^y
toUtUs 9UJL ^ZJfusJht
<«^
^ ^^^.^M ffh^-f
1735.] INVENTORY OF ROB ROY'S EFFECTS. 449
150. Testament-Dative of Eob Eoy, who died in December 1734, given up
by bis widow, Mary M'Geegoe or Campbell. The Confirmation is
dated 6th February 1735. 1
The Testament Dative and Inventary of the goods, gear, cattle, house-
hold plenishing, and others which pertained to the deceast
Eobert Eoy Campbell in Innerlochlarig-beg, within the parish of
Balquhidder and commissariot of Dunblane, the time of decease
which was in the moneth of December last, faithfully made and
given up by Mary M'Grigor, alias Campbell, the defunct's spouse,
only executrix dative decerned as creditrix to her said deceased
husband, for payment and satisfaction to her of the sum of
four hundred and thirty-six pouuds, ten shilling and four pennies
Scots money, expended and debursed by her on the defunct's
funerals, and for masters rents and servants fees, and for medica-
ments and other necessaries furnished during his sickness, con-
form to a particular accompt and several instructions thereof pro-
duced, whereon she made faith, as use is ; as also for payment of
the expences of confirmation hereof by decreet of the Commissary
principal of the said Commissariot, as the samen, of the date of
these presents, in itself more fully bears.
There were pertaining and belonging to the said defunct the time of his
decease foirsaid, the goods, gear, and others aftermentioned, of the values after
express'd, according as the samen were valued in virtue of the said Com-
missarys warrant, vizt. : — Imprimis, two tydie cows, at eight pound Scots
per piece ; inde, sixteen pound. Item, two yeald kine, estimate at six pound
Scots per piece ; inde, twelve pound. Item, two old kine with a stirk,
1 Commissariot of Dunblane, Testaments, vol. 19. The grave of Eob Eoy is in the church-
yard of Balquhidder.
3 L
150 CHARTERS AND MISCELLANEOUS PAPERS. [1735.
estimate at six pounds, thirteen shilling and four pennies Scots per piece ;
inde, thirteen pound, six shilling and eight pennies. Item, two forrow kine,
with a stirk, estimate at seven pound, six shilling and eight pennies Scots
per piece ; inde, fourteen pound, thirteen shilling and four pennies. Item,
two six quarters old queys, estimate at two pound, thirteen shilling and four
pennies Scots per piece; inde, five pound, six shilling and eight pennies.
Item, a ten quarter year old quey, estimate at three pound. Item, thirteen
ews and one ram, estimate at fourteen pounds. Item, seven hoggs, estimate
at three pound, ten shilling. Item, fourteen goats with a buck, estimate at
twenty pound. Item, eight minchaks, estimate at four pounds. Item, ane
old rnair with a filly, estimate to eight pound. Item, two horses, estimate to
thirty pound. Item, a blind horse, estimate to one pound, ten shilling.
Item, two bolls of gray corn with the straw, estimate to ten pound. Item,
the hey, estimate to twelve pound. Item, the saddle and armes, estimate with
the bridle, twenty four pounds. Item, betwixt his body cloaths and heall
house plenishing, estimate to eighty four pound, six shilling and eight
pennies.
Item, the said defunct had justly addebted and resting to him the time
foresaid of his decease, by Alexander M c farlane in Corectlet, the sum of one
hundred pounds Scots money, and whole annualrents thereof as a part of
the sum of six hundred merks Scots money principal, specified in a bond
granted by him to the said defunct, therein designed Eobert Campbell of
Innersnait, dated the twenty eight day of November and day of
one thousand hundred and seven years.
Summa,
Confirmed 6th February 1735. Eaynold Drummond and John Fisher
of Tayenrouyoch, cautioners.
1738.] MARRIAGE OF GEORGE, THIRD OF BLAIR-DRUMMOND. 451
151. Jean Carre, Wife of James Drummond, second of Blair-Drummond, to
her eldest Son George on his marriage.
Blair-Drummond, 13th May 1738.
Dear George, — I have been so distress'd with ill health for some time past,
that it has kep't me from expressing my satisfaction (in writting) of the affair
you have in hand, and believe me when I tell you it gives me the greatest
joy that you are going, as the world calls it, to settle, so much to your father
and uncles inclinations, and at the same time so much your own choice and
to your taste. I think so great a piece of good fortune, that it ought to
make me bear misfortunes that has happen'd me before, not only with the
greater patience, but even to forget them. Pray make my compliments in
the best manner to the lady that is your mistress, and when the ceremony of
your marriage is over, let me hear directly from you, and no sooner. I have
great hopes that the lady will answer in every particular the fair and good
character she has by every body that knows her, and as she is an honour to
your family, that she will likewise be a blessing.
I have just now heard that your good acquaintance Lord Primrose has
married a great fortune. If it is so, I wish him joy with all my heart. I
can't say your friend and companion, John Eenton, has managed his matri-
monial scheme quite so well as might have been expected. It wou'd seem
he made proposals to the lady before his father was acquainted, and he stands
obstinately out against the match. I know not what time may produce, but
however it goes, he has neither done himself nor the lady a favour in the
way he has managed matters. Give my affectionate service to your uncle,
whom all of us are under the greatest tyes of gratitude to. Wishing that
health and happiness may ever atend you, I am,
Your affectionat mother,
rp r, -p. i -v Jean Carre.
To George Drummond, Lsqr.
452
CHARTERS AND MISCELLANEOUS PAPERS.
[1745.
152. Commission by Prince Charles-Edward, when he was in possession
of the Palace of Holyrood, to Michael Brown, as Lieutenant- Colonel
in the Begiment of Foot commanded by William, Duke of Athole. 1
Holyrood Palace, 31st October 1745.
Charles, P. E.
Charles, Prince of Wales, etc., Eegent of Scotland, England, Prance, and
Ireland, and the dominions thereunto belonging, to Michael Brown,
Esquire, greeting. We, reposeing especial trust and confidence in your
courage, loyalty, and good conduct, do hereby constitute and appoint you to
be lieutenant-collonel of his Majesties forces in the regiment of foot com-
manded by our right trusty and well-beloved cousin, William, Duke of
Atholl, and to take your rank in the army as such from the date hereof.
You are therefor carefully and dilligently to discharge the duty and trust of
lieutenant-collonel aforsaid, by doing and performing every thing which
belongs thereto. And we hereby require all and every the officers and
soldiers of our forces to observe and obey you as a lieutenant-collonel, and
yourself to observe and follow all such orders, directions, and commands as
you shall from time to time receive from us, our Commander-in-chief for
the time being, or any other your superior officer, according to the rules
and discipline of war, in pursuance of the trust hereby reposed in you.
Given at our Palace of Holyrood House, the thirty-first clay of October 1745.
O, P. E.
1 Original at Blair-Drummond.
453
ARMORIAL SEALS.
THE exact cognisance borne by the ancient Earls of Menteith has hitherto been
a wholly obscure point of heraldry. The earliest seal preserved, as used by
any possessor of that earldom, namely, that of Isabella, Countess of Menteith,
attached to a grant made by her in 12G0 (see ante, p. 213 of this vol.), contains
no shield nor any trace of armorial bearings. There was, therefore, no clue, or at
least but a doubtful surmise, as to the true armorial cognisance of the ancient
earldom of Menteith, until the present writer was led to investigate the subject,
and to come to the conclusion, fully stated in the Introduction to this work, that
the seal of Sir Edmund Hastings, attached to the letter written in 1301 by the
barons of England to Pope Boniface VIII., represented the original armorial
bearings of the Earls, part of whose territory he for the time possessed through
his marriage with the heiress. This seal had hitherto been accounted and
described as a purely Drummond seal.
As the arms of the ancient Earls of Menteith have no place in any work on
heraldry, it is impossible now to state accurately what were the tinctures borne
on their shields. The tinctures of the armorial bearings carried by the family of
Drummond, vassals of the ancient earldom of Menteith, who assumed the " bars
wavy " as their cognisance, are, or three bars wavy gules. But whether these were
the true tinctures borne by the ancient Lords of the earldom, or whether there
was any change as a token of vassalage or otherwise, cannot now be known. As
already stated in the Introduction, the seal of Sir Edmund Hastings exists now only
in an imperfect condition, and no conclusions can be drawn from its present appear-
ance. In 1624 and 1629, however, when the seal was perfect, careful drawings
of it were made by Heralds of the College of Arms, London ; and judging from
the engravings of these drawings, the tinctures were then assumed to be argent,
three bars wavy azure, but this may be merely conjectural. Sir Harris Nicolas
describes the seal simply as a shield charged with barry of six wavy, with an
imperfect legend.
454
ARMORIAL SEALS.
The following references are to seals now existing, the owners of which were
more or less connected with the earldom of Menteith : —
1. Seal of Isabella, Countess of Menteith. — This seal, which is much
mutilated, is oval in shape, and represents, as usual with the seals of heiresses at
that period, simply a figure, apparently a female, in long flowing robes. The
legend is very imperfect. [. . Isabellae . . de . . . tei .] Vide page 213 of
this volume. The seal of Walter Comyn, Earl of Menteith, is not known to
exist. Sir James Balfour, Lyon, mentions that he bore the garbs gules, instead
of or, as usual.
2. Seal of John Comyn, son of the Earl of Buchan. — A shield bearing
three garbs, with a label of three points. S' Ioh'is Comin. Fil. Com. de
Buchan. 1 No. 12, p. 464, postea.
3. The Seal of Sir John Comyn, presumed nephew of Walter Comyn,
Earl of Menteith. — The same arms as the preceding, without the label. " S'
Domi[ni Joann]is Cvmin." No. 13, p. 464, postea.
4. Seal of Alexander Comyn, Lord of Buchan, 1292. — He was younger
brother of Walter Comyn, Earl of Menteith. An eagle displayed, bearing on its
breast a shield charged with three garbs. On the dexter and sinister sides of the
eagle's head appear two figures, resembling three small balls or pearls arranged
triangularly. " S' Alexandri Cumyn d. Bvc'." 2 No. 14, p. 464, postea.
5. Seal of Walter Stewart, Earl of Menteith, 1292. — A shield bearing
a fess cheque, with a label of five points as a difference. Above the shield is a
crescent. On each side of the shield appear three projections resembling eagles'
feet. " S' Walteri Senescalli Comt' de Menetet." 3 No. 1, p. 461, postea.
1 Detached seal in Public Eecorcl Office,
London.
2 Appended to Deed of Homage to Edward
First, in Her Majesty's Public Record Office,
London.
3 Original appended to Deed of Homage to
Edward First, 1292, in Her Majesty's Public
Eecord Office, Loudon.
ARMORIAL SEALS. 455
Although Walter Stewart obtained the dignity of Earl of Menteith, it appears
from this seal that he did not take the arms of the ancient earldom, but retained
his own paternal coat of the fess chequ6.
6. Seal of Alexander [Menteith], sixth Earl of Menteith, son of the
preceding, circa 1296. — An eagle displayed, bearing on its breast a shield charged
with three bars wavy, surmounted by a fess cheque. A label of five points. " S'
Alexandri Comitis de Meneteth." 1 No. 2, p. 461, postea.
This shield has hitherto been described as bearing a " shield charged with a
fess invecked surmounted by another [fess] cheque ; but there is good reason, as
stated in the Introduction to this work, for believing this to be erroneous. The
peculiar blazoning is explained by presuming that the so-called " fess invecked "
is really the three bars wavy, the arms of Earl Alexander's mother as heiress of
Menteith, while the surmounting fess is the well-known arms of the Stewarts,
inherited from his father. The seals of the subsequent Earls of Menteith have
not been discovered. If such seals had been found, they would probably have
contained the bars wavy in some form. It will be seen that the two Dukes of
Albany, who were Earls of Menteith in their own right, did not bear the bars
wavy in any of their armorial seals which remain.
7. Seal of Sir John Menteith, brother of the preceding, and younger son of
Walter Stewart and Mary, Countess of Menteith, circa 1297.— A double-headed
eagle displayed, bearing on its breast a shield charged with a fess chequ6, sur-
mounted by a bend. A label in chief, of six points, three of which are visible.
" Sigill' Iohannis de Menetet." 2 As the seal is engraved, the bend appears as if
charged with a crescent ; but this is uncertain, the original showing merely an
inequality on the wax. No. 3, p. 461, postea.
8. Seal of Sir Edmund Hastings, Lord of Enchimchelmok [Inchmahome],
husband of Isabella Comyn, daughter of Walter Comyn, Earl, and Isabella, Countess
1 Appended to Deed of Homage, 1296, in 2 Detached seal in Public Record Office,
Public Record Office, London. London.
456
ARMORIAL SEALS.
of Menteith, appended to the letter addressed to Pope Boniface viii. in 1301 by the
barons of England, preserved in duplicate in the Public Record Office, London. —
The smaller of the two engravings here given is from drawings taken in 1624 and
1629, when the seal was perfect, by members of the College of Arms, London. It
shows a shield bearing three bars wavy, with a branch of foliage on either side of
the shield, and a lizard on the top. " S. Edmvndi Hasting Comitatv Menetei."
No. 4, p. 461, postea.
The second of the two engravings is from the late Mr. Henry Drummond's
History of Noble British Families, the original seal in the public Record Office,
London, having been compared with the engraving of it in his work. This engrav-
ing shows the later condition of the original seal. No. 5, p. 462, postea.
9. Seal of Robert Stewart, Earl of Fife and Menteith, afterwards
Duke of Albany. 1373. — A shield bearing a fess cheque. A mollet of five
points in the dexter chief. The shield in centre of tracery. " S. Roberti
Senescalli." Appended to a charter by John, Earl of Carrick, and his two
brothers, confirming a grant to Sir John Lyon of the Thanage of Glamis, 7th
January 1373, in the Glamis Charter- chest. [Represented in the centre of the
heraldic device on the back boards of both volumes of this work.]
10. The same, 1403. — Couche. Quarterly: first and fourth, a lion rampant,
for the earldom of Fife ; second and third, a fess cheque, with a label of five points
in chief. Crest, issuing from a wreath cheque on the top of a close helmet with
mantling, a boar's head and neck between two trees. Supporters ; two lions
sejant gardant, coue. The background ornamented with foliage. " S' Roberti
Ducis Albanie Comitis de ffyf et de Mentech." 1 No. 8, p. 463, postea.
Albany carried the arms of Fife, but not of Menteith, so far as appiears from
those seals of his which have been discovered.
11. The same, as Governor of Scotland, 1413. — His great seal, 2
appended to a charter granted by him to Malcolm Fleming of Biggar and
1 Appended to a chai'ter to the Abbey of
Melrose, 1403. — Melros Charters.
2 This seal has hitherto been somewhat
overlooked. The drawing in this work has
ARMORIAL SEALS. 457
Elizabeth Stewart, the Governor's daughter, of the lands of Biggar, dated at
Perth, 28th June 1413.
The design of the seal is similar to that of a great seal used by the Duke's
father, King Robert the Second, as appended to a charter dated in 1386. 1 The
obverse represents the Governor seated on a throne beneath a Gothic canopy,
ornamented in a style similar to, but less richly than, that in his father's seal,
with the addition of a lion sejant affront6 on each side of the feet of the Governor,
who carries a sword in place of a sceptre. His robes are similar to those depicted
in the royal seals. On his head is a closed cap, with five jewels, or what at that
period passed as a ducal coronet. At each side of the throne appear embattled
buttresses, the niche in that on the dexter side containing a shield bearing the
arms of Scotland, supported by a harpy-like figure with human face, -wings, and
eagle-like claws, which is called by the present Lyon King a "grotesque animal."
The buttress on the sinister side of the throne contains a similar figure supporting
a shield bearing the Governor's arms, quarterly : first and fourth a lion rampant,
armed and langued, for the earldom of Fife ; second and third, a fess cheque, for
Stewart, with a label, in chief, of three points. Above the battlements on each
side is a man leaning over. The legend is in Gothic, not in Roman characters as
usual in great seals. " Sigillum Roberti Ducis Albanie Gubernatoris Scocie."
[This seal is shown on a lithograph between pp. 238 and 239 of vol. i. of this
work.]
1 2. The reverse of the last. — The design of this also resembles that on
the seal of King Robert the Second, above referred to, with the variation of
foliage springing from the foreground on which the horse is galloping. The
armour of the equestrian figure is wholly of plate. The jupon is worn close over
the hauberk, is without fringe, and is embroidered with a lion rampant, armed
and langued, for the earldom of Fife. The lion of Scotland, with the double
tressure, is borne on the shield carried by the horseman. The helmet is close
been made from that given in Anderson's several seals in the General Register House,
" Diplomata Scotia? " as a groundwork, com- Edinburgh.
pared with and corrected from fragments of 1 Melros Charters.
3 M
■158
ARMORIAL SEALS.
fitting, with perforations for admission of air. The top is peculiar, not being
rounded or peaked, but somewhat flat, with a projecting front. It is surmounted
by a lion statant gardant. The caparisons of the horse are ornamented with the
lion of Scotland, embroidered on flank and rear, while the housings on the neck
show the blazoning of Fife.
[Lithographed as above.]
13. Seal of Murdach Stewart, Earl of Fife and Menteith, and
second Duke of Albany, son of the preceding. 1392. — A small seal used
by him when acting as Justiciar north of the Forth. A shield bearing a double
tressure, flory and counter flory, supported by a figure (imperfect) like an eagle.
An E. in the centre of the shield. " S . . . parte boreali aque de Forth." 1
No. 9, p. 463, postea.
The seal of Murdach, Duke of Albany, Earl of Fife and Menteith, is similar
to that of his father, No. 10, supra, excepting the legend.
1 4. Great Seal of Murdach as Governor of Scotland. — In every detail,
except the words of the legend, the same as Nos. 11 and 12 preceding.
" [Sigillum] Murdaci Ducis Albanie Guber[natoris Scocjie." Appended to a com-
mission to Ambassadors to treat with the English King as to liberation of
King James the First, 19th August 1423. 2
15. Seal of Malise Graham, first Earl of Menteith. 1453. — A shield
charged with a chequ6 for Stewart, surmounted by a fess (intended for a chief),
charged with three escallop shells, for Graham. The shield surrounded with
light tracery. " Sigillum [Malisei] Comit. de Menteth." Appended to a charter
by him granting to James, Lord Hamilton, and Eufamia his spouse, the lands of
Illieston, in the county of Linlithgow. 17th December 1453. 3 No. 6, p. 462,
postea.
1 Appended to a certification by him as
Justiciar, dated 20th May 1392. — Grandtully
Charter-chest.
Diplomata Scotia?, No. lxiv.
Duke of Hamilton's Charter-chest.
ARMORIAL SEALS. 459
16. Seal of William Graham, third Earl of Menteith. 1539. —
Quarterly : first, three escallop shells in fess (intended for a chief), for Graham :
second and third, two chevrons, for Strathern ; fourth, a fess cheque^ for Stewart.
" S. Vilelmi Comitis de Meteht." Appended to a precept of sasine for infefting
James, Earl of Arran, in the lands of Illieston. 14th May 1539. 1 No. 7, p. 462,
■postea.
17. Seal of John Graham, fourth Earl of Menteith. 1551. — " Quarterly;
first and fourth, three escallop shells for Graham ; second and third per fess, in
the first two chevrons for Strathern ; the second cheque 1 no doubt meant for the
Stewart fess ; slight foliage surrounds the shield. ' S' Johannis Grahem Comitis
de Menteith.' " This description of the seal is given in Laing's " Ancient Scottish
Seals," and it is said to be appended to a sasine of the lands of Drumlaw, etc.,
in favour of Mariota Campbell, daughter of John Campbell of Glenurquhay,
2d November 1551. Breadalbane Charters.
18. Seal of William Graham, seventh Earl of Menteith, Earl of
Strathern, and first Earl of Airth. 1622. — Quarterly : first and fourth, on
a chief three escallop shells, for Graham ; second and third, a fess cheque^ for
Stewart, in chief a chevron for Strathern. Crest, on a helmet with mantlings and
collared, above an Earl's coronet, an eagle's head. Supporters two lions rampant,
armed and langued. Motto, on a ribbon issuing from behind the crest, " Eight
& Eeasovn." " S' Willelmi Comitis de Monteath Domi' Kilbryd et Kilpovnt." 2
No. 10, p. i63, postea.
1 9. Seal of William Graham, eighth and last Earl of Menteith, and
second and last Earl of Airth, grandson of the preceding. 1663. — Is
described in Laing's "Ancient Scottish Seals" as a "very well executed signet."
The shield contains the same quarterings as the previous seal No. 1 8. " Above the
shield a coronet, and around it the initials W " M. (William, Earl of Menteith)."
1 Duke of Hamilton's Charter-chest. 2 Detached seal.
460 ARMORIAL SEALS.
20. Seal of the Same. 1679. — Quarterly as before. Above the shield is a
coronet, but the initials are omitted. The chevron in the second and third
quarters is very deep, resembling " a chevron transposed," and has a curious mark,
giving it the appearance of the letter A. Affixed to letters by the Earl to his
uncle, Sir James Graham, in the Duke of Montrose's Charter-chest at Buchanan.
21. Seal of Sir James Graham, second son of the seventh Earl of
Mentkith. 1679. — Quarterly, precisely the same as his father's, the coronet being
omitted. The crest, above a knight's helmet with mantlings, an eagle's head.
22. Seal of John Grahame of Claverhouse, afterwards Viscount of
Dundee. 1681. — Within a double tressure, fiory and counter flory, a chief,
indented, charged with three escallop shells. Crest, over a knight's helmet with
mantlings, a phoenix rising out of flames. Affixed to letters to William, eighth
Earl of Menteith, in Charter-chest at Buchanan.
23. Seal of the Priory of Inchmahome. 1562. — A round seal, with a good
design of the Virgin sitting, with the infant Jesus on her left arm, and holding a
lily in her right hand. She is surrounded with an aureole of a trefoil form and
foliage. The infant holds in the left hand a ball or orb, while the right hand is
upraised in the attitude of benediction. In the lower part of the seal is the
figure of a bishop, perhaps St. Colmocus, in pontifical vestments, his right hand
bestowing a benediction, and the left holding the crozier. " S' Comvne de Insula
Santi Colmoci." Appended to charter by David Erskine, Commendator of Inch-
mahome, to John, Lord Erskine, of the lands of Boirland, 8th August 1562.
No. 11, p. 464, postea.
ARMORIAL SEALS OF EARLS OF MENTEITH.
No. 4.
1. Walter Stewart, fifth Earl of Menteith, 1292.
2. Alexander his son, sixth Earl of Menteith, 1296.
3. Sir John Menteith, younger son of fifth Earl, circa 1297.
4. Sir Edmund Hastings' seal of the earldom of Menteith, 1301.
462
ARMORIAL SEALS OF EARLS OF MENTEITH.
No. 6
5. Sir Edmund Hastings' seal, 1301. Present condition.
6. Malise Graham, first Earl of Menteith, 1453.
7. William Graham, third Earl of Menteith, 1539.
ARMORIAL SEALS OF EARLS OF MENTEITH.
4G3
8. Robert, Duke of Albany, Earl of Fife and Menteith, 1403.
9. Murdach his son, as Justiciar north of Forth.
10. William Graham, seventh Earl of Menteith, Earl of Strathern, and first Earl of Airth, 1622.
464
COMYN AM) INGHMAIIOME SEALS.
No. II.
No. 12.
No. 13.
No. 14.
11. Common Seal of the Priory of Inchmahome (founded 123S), 1562.
12. John Comyn, son of the Earl of Buehan.
13. Sir John Comyn.
14. Alexander Comyn, Lord of Buehan, 1292.
SIGNATURES OF EARLS OF MENTEITH.
7U aC* iL <lft£«^*Wc,f /£*
No. 1.
thy/fa
<r
No. 6.
No. 7.
1. Malise Graham, first Earl of Menteith, 4. William, fifth Earl, 1571.
1453. 5. William, seventh Earl, 161S.
2. Alexander, second Earl, 1503. 6. The same as Earl of Airth, 1G39.
3. William, third Earl, 1539. 7. William, eighth Earl, 1679.
3 N
SIGNATURES OF SOVEREIGNS AND ROYAL
PERSONAGES.
\WiMk^_^
No. S.
No. 11.
S. Margaret, Queen of Scotland, widow of
James iv., 152S.
9. King James the Sixth, 1578.
No. 12.
10. King Charles, the First, 162T.
11. The same (initials), 1630.
12. King Charles the Second, 1650.
SIGNATURES OF SOVEREIGNS AND ROYAL PERSONAGES. 467
r<o
No. 13.
No. 14.
No. 15
13. King James the Sixth, 1580. 14. King James the Eighth (the Pretender), 1720.
15. Prince Charles-Edward, 1745.
468
MISCELLANEOUS SIGNATURES.
jicidvu-fv^
No. 16.
'MndUf
No. 17.
fi^T
&?7,
No. 18.
No. 20.
16. Thomas, first Earl of Haddington, IS. General Geor-ge Monek, 1657.
1629. 19. John Grahame of Claverhouse, 1679.
17. Sir William Alexander, first Earl of 20. James, third Marquis of Montrose,
Stirling, 1630. 1679.
469
OF PERSONS
Aberdeen, Alexander, bishop of, II. 26S.
Gavin Dunbar, bishop of, II. 372, 373,
375, 393, 394, 399.
Gilbert Greenlaw, bishop of, I. 166, 193,
199; II. 286, 437.
Gilbert de Stryuelin, bishop of, II.
328.
John Rait, bishop of, I. 122 ; II. 237.
Patrick Forbes, bishop of, II. 88.
Richard de Potton, bishop of, I. 39.
William, bishop of, II. 333.
Abernethy (Abyrnethine), Sir Alexander of, I.
79, 85, 444 ; II. 223.
Sir Hugh of, I. 37, 40 ; II. 213, 217.
Laurence of, II. 215.
Sir William, sixth of Saltoun, I. 238.
Lady Maria Stewart, his wife, I. 238.
William and Patrick, their sons, I. 238.
Aboyne, William, Lord of, I. 19.
Absolon, II. 218.
Gilbert, his son, II. 218.
Acheson (Achisone), Sir Archibald, of Glen-
carny, Secretary of State, I. 351, 353,
354, 369; II. 2, 8, 13, 19, 83, 114, 115,
117-119.
Airth, William, first Earl of, I. xxi, xxxiv, Ixxi,
322, 361-394, 396; II. 49, 50-6S, 71,
147-150, 152-158, 160-164, 459, 460.
See also Menteith.
Lady Agnes Gray, Countess of, his wife.
See Menteith.
William, second Earl of, I. xxi, xxii, 3S9,
390, 406 ; II. 71, 72, 159, 164-168, 459,
460. See also Menteith.
■ Anne Hewes, Countess of, his first wife.
See Menteith.
Katherine Bruce, Countess of, his second
wife. See Menteith.
Akinhead (Akynhewyde), Sir Walter of, I. 91,
512; II. 223.
Alan, son of the Earl, I. 40.
Albany, Alexander, Duke of, I. lxiii, 281.
470
INDEX OF PERSONS.
Albany, Prince Arthur, Duke of, I. 281.
Prince Charles, afterwards King Charles
the First, Duke of, I. 281.
Prince Charles, afterwards King Charles
the Second, Duke of, I. 281.
Prince Charles Edward, Count of, I. 282.
Charlotte Stuart, his daughter, styled
Duchess of, I. 282.
Freder 
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